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THE 

AMERICAN CITIZEN 

IN PENNSYLVANIA 

THE GOVERNMENT OF THE STATE AND OF THE NATION 



BY 

ALBERT E. MALTBY, C.E, Ph.D. 

PRINCIPAL OF THE SLIPPERY ROCK STATE NORMAL SCHOOL 




NEW YORK •:• CINCINNATI •:• CHICAGO 

AMERICAN BOOK COMPANY 






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Copyright 1902, igio, by 

ALBERT E. MALTBY 

W. P. I 



©CI.A256.977 



PREFACE 

The purpose of this work is to present to the pupils in the 
public schools in the Commonwealth some practical infor- 
mation as to the rights and duties which belong to American 
citizenship. The study of civics is now receiving increased 
attention in our schools, particularly since the school laws 
require that teachers shall have a fair knowledge of civil 
government, including State and local government. In view 
of this legislation, a text-book to meet the needs of the schools 
should treat the local and State government as at least of 
equal importance with that of the Nation. It has been said 
that many a youth has grown to manhood with so little ap- 
preciation of the Commonwealth in which he lives as to re- 
gard it simply as a geographical division. The study of the 
State government and of the National Government are of 
equal importance. 

The student of civil government should begin with that 
which is near at hand and of immediate interest, and proceed 
to that which is distant and of remote concern. He should not 
begin with that rare and precious afterthought and flower of 
government, the Constitution of the United States, but with 
the material forms that are close at hand. In connection 
with the ordinary lessons in reading, the children should be 
made acquainted with words suggesting civic ideas, as cit- 
izen, soldier, officer, law, justice, country, state, city, and 
nation. Then, in elementary lessons, the children should 
gain general notions of local government and organization, 

5 



6 PREFACE 

the duties and rights of citizens, suffrage and elections, and 
kindred topics. Then should come a study of the organiza- 
tion of the State, — the legislative, the executive, and the 
judicial powers; and taxation, corporations, education, etc. 
Then may come the study of the political, legislative, admin- 
istrative, and judicial organization of the United States as 
shown in the Constitution. 

Let the teacher endeavor to contribute to the elevation of 
the pupil's ideal of citizenship, and thus labor for, the im- 
provement of the quality of the citizen. The pupils should 
not only know something about the Government and their 
own relation to it as subjects and as sovereign-citizens, but, 
becoming filled with the spirit of good citizenship, should 
be led to the discipline and practice of the same. A boy, on 
his return from school at noon on election day, said to his 
father, "Papa, have you voted?" "No," said the father. 
"I did," responded the boy. To his surprise the father 
found that under the eye of the teacher an election had been 
held before the opening of school, and that after school the 
votes were to be counted, and the result announced. That 
was practical teaching. Similar devices may be used in il- 
lustrating many other points in practical civil government, 
and the primary ideas of government be developed from the 
very games of the children. 

Much of the education which shapes a child for his du- 
ties as a man and a citizen is that which he gains from the 
influence of his home, and of the community in which he 
lives. The schools must do much more than enforce needed 
discipline, cultivate intellectual tastes, and instruct in the 
means for obtaining a livelihood. Manly and womanly 
honesty, generosity, virtue, and patriotism must be taught 
in every schoolroom in the land. Patriotism is the noblest 



PREFACE 7 

passion that animates man in his character as a citizen. We 
cannot hope to make radical changes in the lives and im- 
pulses of the multitudes that come to our land as a natural 
refuge from the tyranny of other countries; but the nature 
of our free institutions may be taught to the children, and 
thus the youth of the land may be trained and brought up- 
ward to intelligent thought and action in regard to patriotic 
citizenship. The theory upon which the public free school 
supported by the State rests is that it is absolutely necessary, 
in our system of popular government, that the voters should 
have intelligence enough to perform the requisite duty of 
voting. It is admitted that ability to read and write is essen- 
tial to the exercise of citizenship in such a Government as ours. 
But if it is the duty of the State to give sufficient education 
to the voters to enable them to know for whom and for what 
they vote, then the State may logically go a step further and 
instruct them in the fundamental nature of their Government. 
There can be no knowledge more necessary to the voter than 
that of the real nature of the government he is called upon to 
help administer. 

Intelligence is necessary somewhere in conducting any 
government; and a popular government resting upon uni- 
versal suffrage certainly cannot be successful unless the vot- 
ers are intelligent. But while people may inherit certain 
traditional notions of government, we cannot assume that 
anybody is born with a good working knowledge of the Con- 
stitution of the United States. Even if such knowledge were 
the birthright of the native-born, it cannot be assumed for 
the foreigner made a citizen, born and reared in conditions 
totally different from ours, nor for his children inheriting his' 
ideas, nor for the millions of colored citizens in the South. 
The girls and boys in our public schools need elementary in- 



8 PREFACE 

struction in the nature of our complex Government, in order 
that they may gain fundamental conceptions of what our 
Government really is, and of their own relation thereto. Con- 
sidering how much is at stake, the State cannot more profit- 
ably spend its money than by making young citizens intelli- 
gent about their own Government and their own country. 
Mrs. Browning's words in Mother and Poet ring true to the 
heart of the mother and teacher, and to the sacredness and 
grandeur of the Nation as she sings: — 

" To teach them — It stings there! — I made them indeed 
Speak plain the word country. I taught them, no doubt, 
That a country 's a thing men should die for at need." 

The social value of education has received recent recog- 
nition through the idea that education is a preparation for 
citizenship. Individual and social welfare, happiness and 
righteousness, depend more largely than has ever before been 
acknowledged upon the relations existing between persons 
and classes in institutional life. This new aim requires that 
great attention be paid to the formation of character, social 
habits, altruistic and patriotic motives. 

A. E. M. 

State Normal School, Slippery Rock, Pa. 



CONTENTS 



IAPTER PAGE 

Preface. 5 

I Society : Rights : Government 11 

II The Keystone State 23 

III Early Governments in Pennsylvania 33 

IV Local Government 40 

V Townships and Township Officers 45 

VI Boroughs and Cities 55 

VII County Government 71 

VIII The State Government 82 

IX The Legislature 85 

X The Executive Department 97 

XI Other State Officers : State Boards 108 

XII The Judiciary (I) 118 

XIII The Judiciary (II) 125 

XIV Impeachment and Removal: Oath of Office. . 138 
XV Suffrage and Elections 141 

XVI Parties and Nominations 158 

XVII Taxation 165 

XVIII Corporations 175 

XIX Railroads and Canals 180 

XX Education : Historic Sketch 187 

XXI Education : The Schools To-day 197 

XXII The Development of the State Constitution . . 212 
XXIII The Preamble : Declaration of Rights : Amend- 
ments 217 

9 



IO 



CONTENTS 



CHAPTER PAGE 

XXIV The State and the Nation 225 

XXV The National Legislative Power 229 

XXVI Powers of Congress 248 

XXVII Powers denied to Congress, and those denied 

to States 267 

XXVIII The Executive Power 274 

XXIX The Cabinet: Executive Departments. 293 

XXX The Judicial Power 310 

XXXI Relations of the States ' . . 321 

XXXII The Amendments 336 

XXXIII Civics and History Coordinated 356 

The Constitution of Pennsylvania 

The Constitution of the United States xxxii 

List of Presidents and Vice Presidents xlv 

Chief Justices of the Supreme Court ...... xlvii 

Index xlix 



THE AMERICAN CITIZEN 

CHAPTER I 
SOCIETY: RIGHTS: GOVERNMENT 

Knowledge of Government. — An essential factor in se- 
curing our own happiness and that of those with whom we 
are associated is a knowledge of the nature and operation of 
the government under which we live. The great object of 
government is the securing of justice among men. In order 
that men may live in peace together, there must be laws re- 
straining them from acts of injustice and protecting them in 
the enjoyment of their rights. The function of government 
is to make and execute such laws. The importance of a 
knowledge of government becomes very great to a citizen of 
a republic because he has a part in choosing those who make 
and execute the laws, and thus to some extent may justly 
be held responsible for the government. 

Society. — Man is by nature a social being; that is, he has 
no natural desire to live alone, but rather to join other men 
and to associate with them. The simplest and most original 
association of human beings is found in the family, and this is 
the foundation of all society. Human interests cannot be 
solitary; any one interest is related to all others. So families 
unite to form groups or tribes or communities. The reason 
why human, beings unite to form groups is because of the 



12 THE BASIS OF GOVERNMENT 

feeling that only by means of a common order of communi- 
cation and protection can the best interests of all be secured. 
These common purposes and bonds of nearness and inter- 
course give a group or community the qualities of a public 
alliance or union. Such a group is called a social unit ; and 
living in such a group or community constitutes a state of 
civil society. 

Benefits of Civil Society. — One man can do very little 
alone, but when he unites his efforts with those of others he 
can accomplish great results. Yet each man must to a large 
extent have the care of himself. If every person were pro- 
vided for from a common store, amassed by the labor of all, 
many, depending upon the labor of others, would not be in- 
dustrious, and so the supplies would be decreased. The 
present arrangement obliges each man to provide for his 
own wants and those of his immediate family. Thus more is 
earned, and the general welfare is better promoted than if 
each labored directly for the benefit of all. But the direct 
benefits of a civil society are great and lasting. As for ma- 
terial advantages, we enjoy not only the fruit of our own labor, 
but, in large degree, that of the labors of others. Without civil 
society, man would remain in a state of ignorance, since each 
individual would be obliged to begin at the very beginning of 
all that has been done. But as society now is, each genera- 
tion bequeaths an intellectual inheritance to its successor. 
Man is the heir of all the ages, and this makes progress pos- 
sible. Separated from others, man would become fierce and 
savage ; brought into the society of others, his manners soften, 
and his moral and religious nature develops. 

Grades of Culture. — Man is the only animal that is able to 
pass all barriers and to live in nearly every part of the earth. 
He is able to do this because, in addition to his really superior 



SOCIETY: RIGHTS: GOVERNMENT 13 

physical powers, he possesses high intelligence. He has over- 
run the earth and in a large measure subdued it, because he 
can think, plan, contrive, and reason. He makes other ani- 
mals and the elements and forces of nature the servants of his 
will. In his higher stages of civil society, he no longer depends 
upon his own muscular strength nor upon that of animals; but 
by use of iron, steel, and other metals, he employs the greatest 
forces of nature. 

The progress made by any group of men toward the attain- 
ment of permanent food supply, proper clothing, substantial 
dwellings, and power over the forces of nature furnishes a 
direct measure of their culture, and the grade or stage of soci- 
ety. Thus we consider as in the savage state all those who 
live chiefly by hunting and fishing, use rude implements, wear 
little clothing, and have no permanent dwellings. A grade 
higher, as in a state of barbarism, may be put those who use 
rude tools of metal, have domestic animals, weave cloth, and 
have houses; but who have not as yet learned the use of writ- 
ing. This is the entering wedge of civilization, since writing 
is the means by which man transmits knowledge from one 
generation to another. Through the various grades of civili- 
zation man passes to the highest grade, in which the inventions 
and discoveries of mankind are in general placed at the serv- 
ice of all. Wherever these conditions prevail, the people are 
enlightened. 

The Nation the Highest Community. — The highest com- 
munity is the nation or state. It is a portion of mankind, 
united by firmly established organization, and limited to 
clearly defined country or territory. The human beings be- 
longing to a nation are the people. The nation then, in this 
sense, is the body of inhabitants of the country, speaking the 
same language in general, and having common interests and 



14 THE BASIS OF GOVERNMENT 

the same history. These people obey the same laws, and 
recognize the same power and authority. 

The Government. — The object of the people in entering 
into civil society is to promote their mutual safety and happi- 
ness. For this purpose they agree to be governed by certain 
established rules and principles. These rules for regulating 
the social affairs of men are known as laws. Man has a moral 
nature, that is, he has a sense of right and wrong, or the power 
to acquire it. He is a moral agent, and is therefore respon- 
sible for his actions. In order to secure to all men their indi- 
vidual and collective rights, a certain organization must be 
created, and certain officials appointed who shall be recog- 
nized by all as having the authority and the right to issue 
commands that should be enforced. Such an organization, 
and the rules and principles by which the people are regulated 
and controlled, is called a government; and the society in which 
such an organization has been instituted is called a state or 
body politic. The persons who administer the government, 
that is, those who make the laws and carry them into effect, 
are called the government. 

Forms of Government. — Government is, then, the collect- 
ive powers that administer public authority. In general 
terms there are but two great forms of government under 
which all kinds may be classed; namely, monarchies and re- 
publics. In a monarchy, whether kingdom or empire, the 
monarch exercises power as a personal right, transmitted by 
succession. But the state may have acquired a fundamental 
law called a constitution, and this defines the form of govern- 
ment and the rights of subjects. When the authority of a 
monarch is not limited by a constitution, the government is an 
absolute monarchy. When his authority is defined by a con- 
stitution, the government is a limited or constitutional mon- 



SOCIETY: RIGHTS: GOVERNMENT 15 

archy. The word republic means a public thing — the govern- 
ment of all. A republic is a government in which the power 
to enact and administer the laws is exercised by representa- 
tives, who are persons elected by the people to act for them. 
Our form of government in the United States is therefore a re- 
public. Yet not only the election of the representatives, but 
the adoption of the constitution itself is an act of the people ; 
therefore, since all power comes from the people, the form 
of government is also democratic,— thai being the term ap- 
plied to a government in which the power rests directly with 
the whole people. Our nation is properly called a democratic 
republic, or a representative democracy. A pure democracy 
could exist only in a country of very limited extent. 

A form of government in which the power is in the hands 
of a select few is called an aristocracy. There are no govern- 
ments of this form in existence to-day, although most na- 
tional governments exhibit aristocratic tendencies. In nearly 
all European countries one house of the legislative branch is 
composed of members who hold their seats on account of 
noble birth, thus admitting the aristocratic element into the 
government. 

The Republican Form Superior. — A republic is the only 
form of government consistent with the recognition of the 
people as the source of power. It is preferable to any form 
of monarchy because, through the exercise of the right of 
suffrage, the people control their own affairs instead of sub- 
mitting blindly to one person who is able to place his own 
interests above those of the nation. The heir of a good king 
may be incapable of governing well; but in a republic, the 
President is selected from the most able men. In a republic 
men are free citizens. The power of the law, sustained by 
public opinion, is much better than the power of the sword, 



16 THE BASIS OF GOVERNMENT 

sustained by the hand that wields it. The keynote of our 
government is expressed in the saying of Lincoln: "Ours is a 
government of the people, by the people, and for the people." 

A Commonwealth. — The term commonwealth is often 
applied in a general sense to signify the state. The original 
word was commonweal, meaning strictly the common good or 
the common happiness. A state in which the people enjoy 
common rights and privileges is properly so called; hence the 
term commonwealth is sometimes used in speaking of the 
States of the Union. The term is used throughout the Con- 
stitution of Pennsylvania. 

The Object of Government. — Aristotle says that a state 
or government is in a sense one of the works of nature, and 
that man is naturally a political animal. There have been, 
however, governments in the world for ages, but the truth 
in regard to the rights of man has not been long accepted. 
God has created in every individual certain inherent rights. 
All men are born with equal rights. To understand and to 
live this great truth is the privilege which the people of the 
United States hold by the law of the land. The primary ob- 
ject of all government is to secure to individuals and to na- 
tions their rights. Justice is therefore the fundamental idea 
of the state, and the great end of government. 

The Rights of Man. — There are four great classes of rights 
and duties possessed by men as members of society. The 
government protects the individual in the exercise of these 
rights, and requires the performance of the equally important 
duties. The rights are classified as individual, social, po- 
litical, and religious or moral. 

Among the individual rights are the right to personal lib- 
erty, personal security, and the right to property. That 
which we have acquired by honest labor, or by other lawful 



SOCIETY: RIGHTS: GOVERNMENT 17 

means, is rightfully our own. We have also the right to be 
secure from injury to the body, or person, or good name ; also 
to the liberty of acting, moving, and speaking without un- 
just restraint, so long as we do not trespass upon the rights 
of others. 

Social rights are those which are secured to a citizen through 
his relation as a member of the state or nation as a whole. 
The right of the child to receive an education is a social right; 
while upon the parent and the public is imposed the equal 
social duty to provide it. Society can exercise its undoubted 
right to see that laws are observed as to the preservation of the 
public health, cleanliness of streets, and the maintenance of 
public order. Should the rights and interests of an individual 
conflict with the needs of society, then the individual right 
yields to the higher right. This right of society, exercised 
through the state or a corporation in regard to property, is 
called the right of eminent domain. 

Political rights are those which belong to the people in their 
political capacity. The right of the people to choose and 
establish for themselves a form of government, to adopt a con- 
stitution, and to elect persons to administer the laws, are ex- 
amples of political rights. The right to vote at elections is a 
political right or privilege. 

Political rights and duties are of such importance that 
powerful parties are organized to set forth their ideas, to give 
time and money for the support of these opinions, and to settle 
the questions which arise through the peaceful means of the 
elections or by the compulsion of the sword. Political rights 
and duties affect all our opinions concerning human laws. 

Religious rights consist in the right of every individual 
to make known and maintain his religious opinions, and 
to worship God according to the dictates of his own con- 
Am. Cit. — 2 



1 8 THE BASIS OF GOVERNMENT 

science. This is the right of conscience which is the voice 
of God in man. In the exercise of this right, however, a man 
may not abuse it by violating the rights of others, nor by dis- 
turbing the peace and order of society. Moral duties arise in 
connection with religious freedom. All good government 
tends to the preservation of the morals of the people. 

Liberty, Civil and Religious. — Liberty is the privilege 
of being free to exercise our rights and to enjoy them. It 
is called civil liberty or religious liberty according to the 
kind of rights concerned. Thus, the free use and enjoy- 
ment of civil or political rights secured to us by the laws is 
called civil liberty. It implies freedom — that is, absence of 
physical or moral coercion. Civil liberty includes freedom 
of thought, of speech, and of the press; also freedom of loco- 
motion, of assembly, and of the ballot. The freedom of re- 
ligious opinion and worship is called religious liberty. The 
words right and liberty have not the same meaning. An in- 
dividual may have rights which he is not at liberty to exercise. 

Citizenship. — American citizenship is the state or condi- 
tion of being vested with the rights and privileges of an 
American citizen. All men, women, and children born within 
the United States and subject to its jurisdiction, irrespective 
of age, sex, or condition, are presumptively citizens. Others 
may be admitted to citizenship through naturalization under 
general laws. Every citizen of the United States is also a 
citizen of the State in which he resides. Citizenship is he- 
reditary; the children of citizens are citizens of the United 
States, even though they may have been born in a foreign 
country. 

The people living in this country may be divided into 
two classes — citizens and aliens. The citizen is a member 
of the body politic, owes obedience to the government, has 



SOCIETY: RIGHTS: GOVERNMENT 19 

the full protection of the laws, and has such rights of hold- 
ing office and voting as the Constitution allows. However, 
not all citizens are electors; an elector is a citizen who has 
the right to vote. 

An alien is a person who owes allegiance to a foreign 
country, but enjoys such rights as the country in which 
he resides sees fit to grant to him. Among such rights 
usually granted may be named the power to acquire and 
own land. Strictly speaking, an alien cannot exercise po- 
litical rights; but some States in the Union permit aliens, 
after a short residence therein, and after declaring their 
intention to become citizens, to exercise the elective fran- 
chise. When an alien is thus allowed to reside in the State, 
to hold property, and to vote, the distinction between him 
and a citizen is not very clear. 

Indians who still retain their tribal relations are not 
citizens; and they are therefore only in a qualified sense 
subject to the jurisdiction of the United States. 

Naturalization. — An alien may become a citizen of the 
United States by naturalization. This makes him also a 
citizen of the State or Territory in which he resides, but it 
does not necessarily give him the right to vote. Naturaliza- 
tion is a Federal right, while the right to vote comes from 
the State and is a State gift. The chief requirements for 
naturalization are as follows: Five years' residence in the 
United States, and one year's residence in the State where 
the privilege is sought; two years' preliminary declaration 
of intention to become a citizen; evidence that the applicant 
has behaved as a man of good moral character, and is well 
disposed to the good order and happiness of the country; 
an oath to support the Constitution of the United States; the 
renouncing of allegiance to any foreign power, and of all 



20 THE BASIS OF GOVERNMENT 

titles of nobility. By virtue of the naturalization of parents, 
all their children living in the United States and under 
twenty-one years of age become citizens. A minor who has 
resided in the United States three years immediately before 
attaining his majority, may, after becoming of age and after 
five years' residence, including the three years of his minority, 
become a citizen by taking oath that for two years it has been 
his intention to become such. The naturalization of Chinese, 
Japanese, and others of the Mongolian race-group is pro- 
hibited by law. The rights of citizenship are forfeited by 
naturalization in a foreign country, or by desertion from 
military or naval service. A naturalized citizen is ineligible 
to the Presidency. 

Population: Residence. — The population of the country 
may be distinguished as citizens, or inhabitants, or resi- 
dents. Citizens are all persons born or naturalized within 
the United States and subject to its jurisdiction. Collectively 
they constitute the people or Nation. Inhabitants are all 
those who reside permanently in the country; the term in- 
cludes citizens and aliens. The term residents is broader 
still; it includes not only inhabitants, but all sojourners, such 
as travelers, tourists, and others. 

A matter of great importance in relation to citizenship 
is the question of residence or domicile. A residence or 
domicile is the place where a person intends to reside per- 
manently. In a political sense the term residence is applied 
to the act or fact of dwelling or abiding in a place for some 
continuance of time. Under such circumstances a person is 
said to gain a residence in that place. A person can have 
but one place of residence, and temporary absence does not 
change it. A change of location, with the intention of 
permanently dwelling elsewhere, removes residence from one 



SOCIETY: RIGHTS: GOVERNMENT 21 

place to another. Residence regulates the exercise of certain 
political rights and privileges. 

Students do not gain or lose a residence while attending 
school. 

Patriotism. — Patriotism is the noblest passion that ani- 
mates man in his capacity as a citizen. Love of country is 
natural, and has some of the qualities of an instinct, but 
is much greater than- any mere instinct or passion, since it 
may become a living principle or motive leading to heroic 
action. The noblest motive is the public good. Not only 
should the citizen protect his country from invasion, but he 
should maintain its laws and institutions in vigor and purity. 
Thus patriotism becomes the noblest and sublimest of all 
public virtues. The patriotism which, as a mighty force, 
moves armies into the battle lines in times of the Nation's 
peril is not a mere instinct, but a conviction; not a mere im- 
pulse, but a determination. It is a principle with all the white 
heat of passion: loyalty to liberty, and devotion to country. 

We should study the history of our country, become 
familiar with the Nation's institutions, and take an active 
interest in its affairs. Nor should the closer local form of 
pride in the records of the Commonwealth which we call 
our own State be left uncultivated. Every glorious fact in 
its history should be emphasized, and the names and acts of 
its great men held in loving remembrance. 

QUESTIONS 

(To be answered from the preceding text, from part of Chapter 
XXXIII, from the definitions at the back of the book, and from 
independent thought and reading.) 

Why is civil society necessary to mankind? 

Define civics. What is the necessity of government ? 



22 THE BASIS OF GOVERNMENT 

What division of governmental power was made in ancient times ? 

Name the most common kinds of government. 

Name and define the two fundamental forms of government. 

What is the object of government? Where does the government ob- 
tain its power ? 

Define law. What is a constitution ? 

What is a democracy? What is a republic? Why may we call the 
United States a representative democracy or a democratic republic? 

What principles of our government are illustrated in an election? 
In a jury trial? In the support of the public schools by taxation? 

What great social right has the child? What is the corresponding 
social duty of the parent ? 

Name the duty which corresponds to each of the rights of an Ameri- 
can citizen. 

What is a right? What is a duty? Name the different classes of 
civil rights, and define each. 

What classes of people are citizens of the United States ? 

What is the right of suffrage ? Is it a natural or a civil right ? 

Define civil liberty. Define citizenship. Distinguish between right 
and liberty. 

What is the difference between a pure democracy and a representa- 
tive democracy? 

Why is a pure democracy necessarily limited to a small territory and a 
small number of people? 

Define and discuss eminent domain. 

Name some of our civic duties. 

Distinguish between social and political rights. What civil rights 
does the State guarantee? 

In the earlier stages of social development how was crime punished ? 

Give a brief resume of the nature and duties of citizenship. 

Distinguish between an alien and a citizen. 

What is the difference between an elector and a citizen ? 

What rights may aliens exercise? 

Are all citizens of the United States electors? Distinguish electors, 
inhabitants, residents, and citizens. 

In a political sense, what is the meaning of the term residence ? 

When are the rights of citizenship forfeited ? 

What is the noblest passion that can animate the citizen? 



CHAPTER II 

THE KEYSTONE STATE 

importance: boundaries: early history 

The Keystone State. — "Let what each man thinks of 
the state be written upon his brow" was one of Rome's 
famous inscriptions. The patriotic son of the grand old 
Commonwealth -of Pennsylvania has no reason to blush 
when he thinks of the record of his State. Pennsylvania 
was a most potent factor in the adoption of the Constitution 
of the United States. Among the original States it stood 
with six free States to the north, and six slave States to the 
south, a true political "Keystone" to the arch of the Union. 
Every foot of the Commonwealth is historic ground. What 
need to go to classic Greece to seek for spots sacred to liberty ? 
The battles of Brandywine and Germantown were fought on 
its soil, and Valley Forge is within its limits. The graves at 
Gettysburg mark well the field on which, in one of the great- 
est battles of modern times, the armies of thirty-four States 
fought to decide the question of mankind's right to freedom. 

Thus, when we realize the important place which the 
Commonwealth held in the Revolutionary War and in the 
Civil War, together with the part that its great men had in 
the establishment and government of the country, it cer- 
tainly appears as the "Keystone State" in a much broader 
sense than that ordinarily indicated by the term. 

In population and in wealth Pennsylvania is exceeded by 

23 




24 



PENNSYLVANIA: IMPORTANCE 25 

New York alone. Of the other States, 42 have less than 
half the population or wealth of Pennsylvania, while 21 
have less than one fifth of its population. Only three States 
approach it in importance. The area is nearly as great as 
that of England, and is one eightieth of that of the United 
States. The population by the census of 1900 is 6,302,115. 
Under the Apportionment Act of 1901 Pennsylvania has 
34 Electoral votes. 

Boundaries. — The State of Pennsylvania is bounded on 
the north by Lake Erie and New York; on the east by New 
York and New Jersey, from which it is separated by the Dela- 
ware River; on the south by Delaware, Maryland, and West 
Virginia; and on the west by West Virginia and Ohio. The 
State is nearly rectangular in outline. Its northern and south- 
ern boundaries are parallels of latitude 158 miles apart, broken 
only by the angle in Erie county, and the scallop in the south- 
eastern corner caused by the Circle of Newcastle. The west- 
ern boundary is a meridian line. The eastern boundary is the 
Delaware River, which forms along the border of the State two 
symmetrical zigzags alternately southeastward and southwest- 
ward. The extreme length of the State is 306 miles; the aver- 
age length 286 miles; and the area 45,126 square miles. The 
State lies between latitude 39 43' N. and 42 N., except that 
the triangle extends north to 42 15'. In longitude it extends 
from 74 40' W. to 8o° 36' W. The boundaries as marked 
by monuments are only approximations to the true parallels 
and meridians. Pennsylvania has a shore line of 40 miles 
on Lake Erie. 

Charter Boundaries. — The boundaries of Pennsylvania, 
as was the case with each of the original States, were fixed 
by royal charter. The king and his advisers were alike 
ignorant of the geography of America, and the charters as 



26 PENNSYLVANIA 

granted made hopeless confusion of colonial boundaries, 
and led to disputes between the States afterwards. The 
charter of 1681 bounded the province granted to William 
Penn as follows : 

"On the East by Delaware River, from twelve miles' 
distance, North warde of New Castle towne unto the begin- 
ning of the three and fortieth degree of Northerne latitude, 
if the said River doth extend soe farre Northwards; but 
if the said River shall not extend soe farre Northward, 
then by the said River so farr as it doth extend, and 
from the head of the said River the Easterne Bounds are 
to bee determined by a Meridian Line, to bee drawne from 
the head of the said River unto the said three and fortieth 
degree; the said lands to extend Westwards five degrees in 
longitude, to bee computed from the said Eastern Bounds, 
and the said lands to bee bounded on the North by the be- 
ginning of the three and fortieth degree of Northerne lat- 
itude, and on the South by a Circle drawne at twelve miles 
distance from New Castle northwards and westwards unto 
the beginning of the fortieth degree of Northerne latitude; 
and then by a straight Line westwards, to the limit of longi- 
tude above mentioned." 

This grant is much more exact in its language than were 
many of the royal charters, still it contains several terms 
hard to understand. The circle mentioned does not cross 
at any point the thirty-ninth parallel — the beginning of the 
fortieth degree of latitude. This Circle of Newcastle gives 
Delaware the rounded northern boundary familiar to school- 
children, by limiting the boundary of this part of Pennsyl- 
vania by part of the circumference of a circle twenty-four 
miles in diameter, whose center is the steeple of the old 
courthouse at Newcastle, Delaware. 



BOUNDARIES 27 

Penn enjoyed his new possession in peace but a short 
time. A dispute arose in regard to the meaning of the term 
"the beginning of the fortieth degree of northern latitude." 
Lord Baltimore claimed that the fortieth parallel was the 
northern limit of Maryland; while Penn claimed that the 
term referred to the thirty-ninth parallel. Had the claims 
urged by Lord Baltimore prevailed, Philadelphia would 
have been left outside the colony of Pennsylvania. 

In his petition to the king, Penn describes the country as 
"a tract of land in America lying north of Maryland, on 
the east bounded by the Delaware river, on the west limited as 
Maryland is, and northward to extend as far as plantable." 

It will suffice to say that through confusion in the charters, 
parts of Pennsylvania have been claimed by Virginia, Mary- 
land, Connecticut, and Massachusetts. Only after long and 
bitter disputes were the various boundaries located. 

If all the controversies between Pennsylvania and other 
States had been decided against our Commonwealth, it 
would have been reduced to an insignificant strip of land 
containing neither Philadelphia nor Pittsburg. 

Mason and Dixon's Line. — The southern boundary line 
as determined by Mason and Dixon in 1763-67 is his- 
toric. In 1760 a final compromise with Maryland had 
been reached. At last the real dividing line was to be run; 
but, weary of waiting on local surveyors, who had taken 
three years to find the boundary between Delaware and 
Maryland, Lord Baltimore and the Penns secured the 
services of Charles Mason and Jeremiah Dixon, distinguished 
English surveyors, and in 1763 they entered on their task of 
running the boundaries. 

They came over with a small army of rodmen, axmen, 
etc., verified the boundary between Delaware and Maryland, 



28 



PENNSYLVANIA 



and by 1767 had carried the famous Mason and Dixon Line 
through two hundred and forty-four miles of wilderness. 
The surveyors marked off the line with monuments of stone 
along the eastern part, and with mounds of earth and stone 
in the western part. The first stone, that is, the eastern stone 
of the east and west line, is marked with an M on two of its 
sides, and P on the other two. At every fifth mile a stone 
monument, known as a "Crown Stone," was set up bearing 
upon its north face the arms of Penn, and on the south the 
arms of Lord Baltimore. The intermediate miles were 




The Warrior Branch Indian Trail 



marked with stones having P on one side and M on the other. 
As the two intrepid surveyors proceeded in their work on the 
line, the Indians, suspicious of this star-gazing folly, stopped 
them again and again. About twenty miles remained to be 
completed, but the Indian guides and interpreters, who had 
been engaged to quiet the Indians along the way, deserted, 
and the Great "Six Nations" entered strenuous objections to 
the invasion of their hunting grounds. At last Mason and 
Dixon were obliged to return, after reaching the Warrior 
branch Indian trail; and this remained the end of the line 
for many years.' The line was completed in 1784 by David 
Rittenhouse. 

No river, or mountain chain, or other natural feature 




The Last Stone on the Mason and 
Dixon Line 



29 



30 PENNSYLVANIA 

marks this famous line which became more than the bound- 
ary between two States. It marked, during the early part 
of the nineteenth century, the boundary between two dis- 
tinct ideas on the continent; the line separating two distinct 
industrial sections — the free States of the North and the 
slave States of the South. 

The Founder of the Commonwealth. — William Penn, 
who in an age of persecution made religious liberty the 
corner stone of a frame of government, was the foremost 
man among the Quakers; and one of the most remarkable 
men of his time. His fame is as wide as the world; and he 
has gained abiding glory as the man who was able, with 
unarmed hands, to establish in the wilderness a mighty 
Commonwealth by the rules of justice and moderation. The 
way in which he did this deserves our notice. 

Charles the Second Pays a Debt. — Actuated by a de- 
sire to found a colony where civil and religious liberty might 
be enjoyed, and the people might dwell together in peace, 
Penn petitioned King Charles II. to grant him the land now 
comprised within the limits of Pennsylvania in payment of 
a debt of ^16,000 which the government owed to his father, 
Admiral Sir William Penn. The king gladly consented, and 
in 1 68 1, Penn received a grant of the region stretching from 
the Delaware River westward through five degrees of longi- 
tude. 

Named in Honor of Penn's Father. — Against the wishes 
of Penn, who desired to call the new province "Sylvania," 
the king named it Pennsylvania or "Penn's Woods." The 
charter gave title to more than 45,000 square miles of land, 
which was increased next year by purchasing from the Duke 
of York the "Three Counties upon the Delaware" — the 
present State of Delaware. 



EARLY HISTORY 31 

Treaty and Settlements. — At that time the present limits 
of the State were inhabited only by Indians, with a few 
Swedes and Dutch settled along the lower Delaware. Penn 
bought the land over again from the Indians, and made a 
treaty of peace with them which remained unbroken for 
more than fifty years. " We shall never forget the counsel 
he gave us," said their spokesman at Conestoga in 1721. 

The real settlement may be said to have been made in 
1 68 1 by the Quakers who came over in that year. The 
next year, Penn himself arrived, bringing with him a hun- 
dred colonists of his own faith to found Philadelphia, the 
city of "Brotherly Love." 

The First General Assembly. — Landing at Newcastle, in 
the territory purchased from the Duke of York, Penn re- 
ceived the submission of the settlers and assured them of his 
protection. About two months afterward he went to Upland, 
which he named Chester. On December 4, 1682, the first 
General Assembly ever held in Pennsylvania was called 
together at Chester; and William Penn, by the aid of the 
people, enacted the "Great Law" by which the new colony 
was to be governed. Pennsylvania, like all the colonies 
founded after 1660, was a proprietary colony. Penn was the 
owner of the land; from him the settlers obtained the right 
to occupy it and to build houses and make improvements; 
to him they paid their rents. But to this feudal principle 
was opposed Penn's firm belief in the equality of men. Un- 
der the influence of this latter principle the colony of Penn- 
sylvania became at last one of the truest examples of a 
thoroughly democratic government. The words of Penn 
ring true: "Government depends rather upon men than men 
upon government. Let men be good and the government 
cannot be bad." 



32 PENNSYLVANIA 

QUESTIONS 

What was one of Rome's famous inscriptions? How does Penn- 
sylvania rank among the States of the Union ? 

Why may Pennsylvania be fittingly called the Keystone State? 

Give the boundaries of Pennsylvania. 

What can you say concerning its charter boundaries? 

Who was the founder of the colony ? What treaty was made with 
the Indians ? 

Describe the Mason and Dixon Line. When was this line sur- 
veyed ? When was it completed ? 

How did this line become more than a mere boundary between 
States? 

How did Pennsylvania receive its name ? What nickname has it ? 

Has Pennsylvania ever been part of another State? Was any 
other State ever a part of it ? 

What was the form of the early government of the colony ? 

What forms of government existed in this country before the pres- 
ent time? State the fundamental difference between the present 
form and the earlier forms. 

Where was the first General Assembly ever held in Pennsylvania 
called together? 

What is Penn's statement of the relation of men to government? 

Tell when, where, and by whom the following States were first 
settled: Pennsylvania, New York, Maryland, Virginia. 



CHAPTER III 
EARLY GOVERNMENTS IN PENNSYLVANIA 

Perm's Frame of Government. — The plan of govern- 
ment which Penn drew up for the control of his new colony 
was prepared in England before the first band of emigrants 
set out for the province under Captain William Markham, 
the cousin of the Proprietor. The spirit shown in the germ 
of the proposed government was largely republican in char- 
acter, although the charter had given Penn great power in 
the province. Inscribed upon the walls of Independence 
Hall, side by side with the Declaration of Independence, are 
these words taken from the preface to the "Frame of Gov- 
ernment" which Penn gave to the colonists in Pennsyl- 
vania : 

"Any government is free to the people under it, whatever 
be the form, where the laws rule, and the people are a party 
to those laws; and more than this is tyranny, oligarchy, and 
confusion." 

The words above given set forth a twofold foundation for 
government. The people were to make their own laws, and 
in return for this privilege give willing obedience to those 
laws. "For liberty without obedience is confusion, and 
obedience without liberty is slavery." Thus liberty and 
obedience were to be the foundation principles of that 
"holy experiment" in establishing a free colony by the 
light of the Golden Rule. 

Am. Cit— 3 33 



34 PENNSYLVANIA 

Outline of the " Frame." — In order to attract to his 
colony emigrants from the various countries, Perm caused 
the "Frame of Government" to be published. According 
to the provisions of the "Frame," the government was vested 
in the Governor and the freemen of the province. The free- 
men were to elect from their number the Provincial Council 
and the General Assembly. The Council was to consist of 
seventy-two members. The General Assembly was to con- 
sist of all the freemen during the first year, of two hundred 
the next year, and that number to be increased with the 
people up to five hundred. The Governor, or his deputy, 
was the presiding officer of the Council, and his vote had 
triple power. 

Powers of the Council. — The powers of the Provincial 
Council under the direction of the Governor were executive, 
legislative, and judicial. Thus it was authorized : to originate 
bills; to execute the laws diligently; to provide for public 
peace and safety; to locate all cities, ports, and market towns, 
design all public buildings, and locate streets and highways; 
to inspect the public treasury, and punish misuse of the funds; 
to erect and order all public schools; to encourage and reward 
authors and inventors; and to erect the various courts of 
justice. 

The General Assembly Had Small Power. — Although the 
purpose of the election of the General Assembly was to give 
the more full concurrence of the freemen to all laws prepared 
by the Governor and the higher representative body, the 
powers actually exercised by the General Assembly were 
small. The charter granted by Charles II. had clothed Penn 
with full powers of government, subject to the condition that 
the advice and consent of the freemen were necessary except 
in cases of emergency. The General Assembly, in the Frame 



EARLY GOVERNMENTS 35 

of Government proposed by Penn, was not able of itself to 
legislate, and no direct debate upon the bills was allowed. 
During the preparation of such bills by the Provincial Coun- 
cil, the members of the General Assembly might suggest to 
a committee of the Provincial Council any alteration or 
amendment; but when the bill was presented to the Assembly, 
all that the members of that body could show of power lay in 
the plain yea or nay of their votes. The Assembly could 
nominate a double number of persons to serve as sheriffs, 
justices of the peace, and coroners; and from these the Gov- 
ernor selected and commissioned those whom he would ap- 
point. 

Perfect Religious Freedom. — Foremost in the line of 
liberties granted by the Frame of Government must stand 
the provision made for perfect religious freedom. "All per- 
sons living in this province, who confess and acknowledge 
the one Almighty and Eternal God to be the Creator, Up- 
holder, and Ruler of the world, and that hold themselves 
obliged, in conscience, to live peaceably and justly in civil 
society, shall in no ways be molested or prejudiced for their 
religious persuasion, or practice, in matters of faith and 
worship." 

The " Great Law." — The Frame of Government as pub- 
lished by Penn was composed of twenty-four articles and 
forty laws. When Penn called together the General Assembly 
at the Swedish town of Upland, some amendments were made 
to the Frame of Government, and some additions made to 
the accompanying laws. In three days these early legislators, 
having completed the amendments, adopted the "Great 
Law" and adjourned. 

Features of the " Great Law." — The amended "Frame" 
set forth the following features: (1) Every man was free to 



36 PENNSYLVANIA 

worship God in whatever manner his conscience demanded; 
(2) any man who was a member of a Christian church could 
hold office, and was eligible to the General Assembly; (3) all 
resident taxpayers had the right to vote ; (4) the death penalty 
was inflicted for two crimes only, — murder and treason;. 
(5) every colonist could demand trial by jury; (6) every 
prison was to be made a workshop and place of reforma- 
tion. This last feature was an entirely new idea in prison 
management. 

No child should be brought up in idleness, but all should 
learn some useful trade. The laws of the colony were to 
be taught to all children. 

The Seed of a Nation. — The country around Philadel- 
phia was very fertile, and the reports which the colonists 
sent back to England were very favorable. Colonists came 
to the new colony in great numbers, attracted by the reputa- 
tion of Penn and by the promise of religious liberty. The 
new colony prospered in a very remarkable degree, and the 
emigrants were, as Penn had declared, "the seed of a na- 
tion." When Penn returned to England in 1684, fifty town- 
ships had been settled, and a flourishing capital city estab- 
lished. 

The " Charter of Privileges." — After Penn's return to 
England, grave disputes arose between the colonists and 
the Deputy Governor. The Council soon ceased to be 
representative in any large degree: since the members were 
appointed by the Proprietary, instead of being elected by 
the people as was originally intended. The General Assem- 
bly demanded greater powers, and refused to act under 
the old form of government. The colonists did not fulfill 
their pecuniary obligations to the Proprietor. When William 
and Mary came to the throne of England, Penn was sus- 



EARLY GOVERNMENTS 37 

pected of disloyalty; and in 1692 the control of the prov- 
ince was taken from him, Governor Fletcher of New York 
being appointed in his stead. Two years afterward Penn 
was restored to power, and to allay the discontent of the 
colonists, various plans of government were tried and re- 
jected. Penn returned to the colony in 1699, and in 1701 
granted the "Charter of Privileges," which remained the 
fundamental law of the land until the adoption of the first 
State Constitution in 1776. 

Provisions of the Frame of 1701. — The " Charter of 
Privileges" was in reality a written constitution in which 
the powers of the freemen, already granted under the pre- 
ceding "Frames," were greatly increased. It provided 
(1) that no person believing in one God should be molested 
on account of religion; but (2) only Christians could take 
part in the government; (3) property relations could be dis- 
turbed by legal process alone; (4) a General Assembly con- 
sisting of a single house should annually be elected by the 
freemen, — meaning the taxpayers; (5) this Assembly should 
have the rights of freeborn subjects of England, in so far as 
was conformable with their position as colonists; (6) the 
Proprietary should be represented by a Governor and Coun- 
cil possessing the right of veto; (7) freedom of conscience was 
not denied to Roman Catholics; (8) the constitution could 
be amended, except as to religious freedom, by the concur- 
rence of the Governor and six sevenths of the members of 
the General Assembly. 

Death of Penn: Controversies.— Penn returned to Eng- 
land in 1 701. Misfortunes soon came to him and he became 
involved in debt. In 1712, while seeking to dispose of his 
control of Pennsylvania to the Crown, he was stricken with 
apoplexy and became incapable of business. He died in 



3& PENNSYLVANIA 

1 718, and left all of his affairs in a very unsettled condition. 
His sons succeeded to his interests, but cared little for the 
safety and peace of the colony. It would seem that their ob- 
ject was to get all they could out of it, and spend nothing upon 
it. The vast tracts of land owned by the Penns were un- 
taxed; yet the colonists were obliged to defend at their own 
expense the entire colony, including these untaxed estates. 
Controversies arose. The Assembly refused to submit to 
such injustice, and contended that the rents were originally 
intended to meet the expenses of government. Franklin was 
sent to England to protest; and, after much labor, succeeded 
in so far at least that the Proprietors were no longer able to 
boast that their untaxed lands were nevertheless protected at 
the public cost. But the attempt to make Pennsylvania a 
royal colony failed. The Proprietorship stood until it was 
swept away by the Revolutionary War. In 1779 the entire 
claims of the Penn family were purchased by the State of 
Pennsylvania for $650,000; the Legislature having voted this 
remuneration to the heirs of Penn in settlement of all claims, 
the money to be paid three years after peace was made with 
England. The sum eventually paid was $570,000. In 1790, 
the British government voted a pension of £4,000 to the 
eldest male descendant of Penn's second wife in payment for 
the surrender of the lands. As late as 1884, this pension was 
commuted for the sum of £67,000. 

QUESTIONS 

What was the general plan of Penn's "Frame of Government" 
drawn up for the new colony ? 

What twofold foundation for government did the Frame set forth ? 

What were some of the provisions of the first Frame of Govern- 
ment? 



EARLY GOVERNMENTS 39 

Distinguish between the Council and the General Assembly. 
Who composed the first Council ? 

Outline the powers of the Council. What three great departments 
of government were largely centered in the Provincial Council ? 

Give some of the principal features of the "Great Law." 

What new idea in prison management was proposed ? 

What educational requirement gave dignity to manual labor? 

What were the results of the new form of government established 
by Penn ? 

What was the "Charter of Privileges"? 

What attempts were made to change the province to a royal 
colony ? 

What were the provisions of the Frame of 1701 ? 

To what extent was religious freedom granted, and how was it 
made inviolate? 

Did Penn make his province a free commonwealth in 1682 or in 
1701? 

How many legislative houses were there in the General Assembly 
of 1701? 

When did Penn return to England ? What controversies arose ? 

When did Penn die ? 

Who succeeded to his interests? When did the proprietorship 
cease? What was done in 1779? In 1790? In 1884? 



CHAPTER IV 
LOCAL GOVERNMENT 

Local Units. — The State of Pennsylvania is divided into 
sixty-seven counties which elect officers to attend to the ad- 
ministration of the business of the county and of its courts. 
These counties are divided into townships, each of which 
elects officers to levy and collect taxes, to maintain the pub- 
lic schools and roads, and to prevent disorder and crime. 
The general term of the officers elected is four years. Com- 
munities may be separated from the township to form 
boroughs, and large boroughs may form cities. Counties and 
townships have no power to make laws for their own govern- 
ment, but are under the action of uniform State laws. Cities 
and boroughs are also subject to the general State laws, but 
through their councils and mayors or chief burgesses, may 
make minor laws for their own government and welfare. 
Such, in brief, is the State system of local government; but, 
in order to understand it thoroughly, attention should be paid 
to some of the points which characterize the system as ad- 
ministered in our own and in other States. 

General Characteristics. — The types of local government 
differ widely in the several States of the Union, yet pos- 
sess some general characteristics. Great freedom of action, 
and broad scope of function are given to local authority. 
The law is uniform, and derived by legislative enactment; 
but the power to execute is local. Each locality must see to it 

40 



LOCAL GOVERNMENT 41 

that the State laws are carried out. Local officers look to 
State laws for authority, and State officers serve to unify the 
local governments. Thus local administration is practically 
the administration of the State. Each State has its own system 
of local divisions and authorities, created and controlled under 
its own laws. Three leading types of local government are 
at present to be found in the United States. 

The Township Type. — The first type is characterized by its 
unit the town or township, and is found in the New England 
States. The settlers of that part of the country came from 
towns, and the character of the soil and the conditions of the 
new country and of life made it necessary that the people 
should dwell in towns. Along the seashore and on the banks 
of rivers they planted their little communities, each inclosed 
by a stockade for protection against the Indians. Each 
was surrounded by its common pastures and farming lands, 
managed by officers chosen for that purpose. Each settlement 
was obliged to be self-reliant and self-governing, and was, in 
fact, a miniature commonwealth controlling the property and 
persons of its members. Every year the inhabitants of such 
township came together in mass meeting to make laws for its 
government. As yet the county had no corporate existence. 
Afterwards these townships became united into counties; and 
the colony, and, afterwards the State, assumed superior 
authority through its Governor and Legislature. Yet the 
townships have held their position to this day as the true 
political units of New England, and the solid foundation of 
the structure of self-government. 

The County Type. — The second type of local govern- 
ment is characterized by the larger unit, the county, and pre- 
vails in the Southern States. The men who settled in Vir- 
ginia and the Carolinas were not accustomed to the local 



42 PENNSYLVANIA 

self-government characteristic of the colonies planted in the 
colder climate of the north. They were often men from the 
upper classes of society, country gentlemen, accustomed to 
the government of the county or shire. They settled in a 
land where the Indians were comparatively peaceable, and 
there was therefore little need of union for protective pur- 
poses. The estates were large, the soil was fertile, and the 
climate too hot for white labor. Slaves were soon imported 
to cultivate the land. The landowners were enriched, and 
each became the center of a group of free dependents, as well 
as master of large numbers of slaves. When local divisions 
had to be created, large areas were necessarily embraced, and 
counties modeled upon the English shires were the result. 
The Southern county became a modified English shire with 
the towns left out; while local government in New England 
was made up of English towns with the shires left out. After- 
wards, for judicial purposes, counties were formed in New 
England; but the towns kept most of their important func- 
tions. In the Southern States the counties were afterwards 
divided into police districts and election districts, but the 
county retained the full administrative power. The county 
form of government is less democratic and less stimulating 
and educative than that which prevails in the New England 
States. 

The Mixed or Compromise System. — The third type 
of local government combines some of the features of the 
township system with some of the characteristics of the 
county system. It may be called the compromise or mixed 
system, and is found under a variety of forms in the Middle 
and Northwestern States. In the mixed system, the county 
is relatively more important than in the New England States; 
while the township is much more important than in the 



LOCAL GOVERNMENT 43 

Southern States. Two features, therefore, mark the system : 
one is the importance and power of the county; the other is 
the activity and political life of the township. 

Our State Has a County-Township System. — Among the 
States possessing this mixed system we find our own Com- 
monwealth. Pennsylvania has a composite county-township 
system in which the county has great importance and 
power, although the . township must undoubtedly be re- 
garded as the political unit of government. The counties are 
compact and comprehensive larger units in the formation of 
the State. The townships are, however, vigorous organisms, 
holding in check the county authority, of which they are very 
jealous, and giving to government that robust local energy 
and color which characterize the representative system in our 
country. This power lies in the traditions of government 
which the English and Germans alike brought with them 
from the banks of the Elbe and the Weser. 

The laws of the Duke of York made the township the unit 
of division after the manner prevailing in the New England 
colonies, from which system they were copied. Penn made 
the county the unit of division and added the township, 
borough, and city afterward. Thus the Pennsylvania system 
became a combination of township and county government 
unknown elsewhere, or at least possessing many unique 
features. It sets forth in its various phases the theory of 
American government in the decentralization of power. If 
the work of government can be done by the town as well as by 
the county, it is undertaken by the town. If individual enter- 
prise will fairly perform a certain work, then we prefer no 
governmental agency. If the duty to be performed lie between 
the State and the general government, then we intrust it to 
the State. 



44 PENNSYLVANIA 

QUESTIONS 

Name some of the local units in this Commonwealth. 

In which States does the county perform most of the work of 
government ? 

Why is local government of great importance? 

Describe the township type of local government. Where is it 
found? Describe the county type. Describe the county -township 
system as found in Pennsylvania. 

What is said in the State constitution concerning the organization 
and powers of townships ? 

How does the local government in Pennsylvania differ from that 
found in the New England States? From that in the Southern 
States ? 

How may you distinguish State authority from Federal authority? 

How many townships in this county? 

What is the smallest civil unit considered in this book ? 

Give a general description of the mixed or compromise system of 
local government. 

What are the advantages of local self-government over centralized 
government ? 



CHAPTER V 
TOWNSHIPS AND TOWNSHIP OFFICERS 

The Elemental Unit. — The elemental unit of civil govern- 
ment in Pennsylvania is the township, subordinated to the 
government of the county, State, and Nation. A citizen is 
thus subject to several grades of political authority or govern- 
ment. Affairs of greatest importance belong to the National 
Government ; a different class of important matters pertain to 
the sphere of the State ; while the local government is divided 
between the county and township in most cases. 

Area : Population : Classes. — Townships vary in area and 
population, but both are usually small. The area is usually 
about 30 square miles, while the population varies from 45 
(Old Forge) to 15,143 (Hazel) inhabitants. The whole State, 
exclusive of cities and boroughs, is laid out into townships. 
Each is a creation of law, and a body corporate and politic. 
By a recent Act of the General Assembly, the townships of 
the State are divided into two classes. Those having a popu- 
lation of at least 300 to the square mile, as shown by the 
United States census, are designated townships of the first 
class; all others are townships of the second class. The form 
of government is practically the same in all townships of the 
same class, and is prescribed by the General Assembly. 

Township Officers. — The laws of the Commonwealth pro- 
vide for township officers as follows: Justices of the peace, 
constable, supervisors, overseers of the poor, assessors, tax 

45 



46 PENNSYLVANIA 

collector, auditors, school directors, and township clerk. 
For election purposes, the electors choose one judge of elec- 
tion and two inspectors; each inspector appoints one clerk. 

The officers above named are those provided for in both 
classes of townships, with some exceptions made by the Act 
of 1899 erecting townships of the first class. The officers 
provided for in that Act are enumerated on page 52. 

Qualifications and Election. — No person is eligible to any 
township office unless he is a voter in the township. Elec- 
tion occurs biennially on the municipal election day: the 
Tuesday next after the first Monday of November in each 
odd-numbered year. Unless the General Assembly provides 
otherwise, the terms of all township and election officers be- 
gin on the first Monday in December next after their election 
to office. The duties of certain of these officers are of such 
nature that the Legislature must be given power to adjust 
the time of entrance upon the performance of the same. 
(See Schedule, p. xxxii of Appendix.) 

The Justice of the Peace. — The justice's court is of the 
simplest kind, and is the court of greatest antiquity. The 
officers of this township court are the justice of the peace and 
the constable. The justice of the peace is usually both judge 
and jury, but he may on occasion impanel a jury of six men. 
The principal duty of this officer, in so far as criminal matters 
are concerned, is to issue warrants for the arrest of persons 
suspected of crime, and to give preliminary hearings. For 
minor offenses he may impose a fine, and even a short term in 
jail; but for serious offenses, he binds the person over to the 
county courts for trial if the evidence is against the accused, 
releasing him on bail until the time of trial. 

The final jurisdiction of this local court in civil matters 
is restricted to cases not involving more than $5.33; but, sub- 



TOWNSHIPS AND TOWNSHIP OFFICERS 47 

ject to the right of appeal to the higher courts, the justice 
of the peace may exercise jurisdiction over cases not involv- 
ing more than $300. His decision is commonly final in cases 
not involving more than $100. 

Among other duties which may be performed by this officer 
are the administering of oaths, the taking of acknowledg- 
ments of deeds, the attesting of signatures on other docu- 
ments, the issuing of legal writs, and the performing of the 
marriage ceremony. 

Each township elects two justices (in),* and the term 
of office is six years. Commissions are issued by the Gov- 
ernor (in); but in some townships which have little business 
it is customary for only one of those elected to take out his 
commission. The compensation of the justice consists of fees. 

The Constable. — The constable holds an office of great 
antiquity, and is largely responsible for the preservation of 
the peace of the community. He carries out the directions 
of the justice of the peace, and, as the peace officer of the 
township, has the right to arrest without a warrant if he him- 
self sees the offense against the law. If he is unable to arrest 
an accused person on account of violence, or to subdue a riot, 
he may call upon the citizens to help him (posse comitatus) . 
He is required to make a full report to the court as to the 
peace and conformity to law in his bailiwick. 

The constable also serves notices and executes warrants 
and writs issued by the justice of the peace. He is the minis- 
terial officer of the township. He executes search warrants, 
subpoenas witnesses, and sells goods that have been levied 
upon to satisfy debts. He is empowered to arrest vagrants 
and to confine them. Certain important duties as to elections 

* Numbers such as these refer to sections of the State constitution as 
given on pages i-xxxii, near the end of this book. 



48 PENNSYLVANIA 

are required of him. He must give public notice of an elec- 
tion, preserve order at the voting place, and be present in the 
voting room during the counting of the vote. He delivers cer- 
tificates of election to township officers. His term of office 
is four years, and his pay consists of fees fixed by law. 

The Supervisors. — The supervisors represent the township 
as a body corporate, may acquire and dispose of property, 
and be a party to suits at law. Their principal duty is to 
direct the repair and construction of township roads and 
bridges. In some counties they are called road commissioners. 
They levy the annual road tax, and see that it is collected. 
It is a common practice with many taxpayers to work out 
the road tax. Supervisors must see that guide posts are 
erected at the intersection of roads; and failure to comply 
with this provision subjects them to a fine not exceeding 
$10.00 for each offense. The supervisors are authorized by 
law, at their option, to purchase a suitable lot of ground and 
to erect thereon a townhouse in which to hold elections, store 
road machinery, hold meetings of township officers, or use 
for other township purposes. A supervisor may exercise the 
duties of the constable under circumstances arising from the 
negligence, death, or absence of that official. 

The law provides that two supervisors shall be elected 
biennially, but by direct vote the qualified electors in any 
township of the second class may decide to elect a greater 
number. The term of office is two years. The compensation 
is five per cent, commission for the collection of the road tax, 
and $1.50 per day for the time actually devoted to the work 
on the roads or to other public business. 

Overseers of the Poor. — In some counties the commis- 
sioners have not erected and equipped almshouses for the 
care of the poor; where this is the case, the township elects 



TOWNSHIPS AND TOWNSHIP OFFICERS 49 

overseers of the poor, who are responsible for the care of such 
persons. In some townships the supervisors are overseers 
of the poor. The paupers are furnished aid in their own 
homes, or other people are paid for taking care of them. 
The overseers fix the amount of the poor tax, and receive a 
small compensation from the poor fund. There are two over- 
seers, elected for a term of two years. 

The Assessor. — This township officer is elected for a 
term of four years. He makes a list of all taxpayers and 
values, or assesses, all the taxable property in the township. 
This list, with the valuations, is sent to the county commis- 
sioners, who at stated times become a board of appeals, thus 
giving an opportunity to the taxpayer to have correction 
made in the valuation of his property. By comparing the 
lists received, the commissioners are enabled to adjust the 
valuation throughout the county so that the assessments shall 
be equable. Voters who own no property are assessed for 
their profession or occupation. The assessor receives from 
the county commissioners a statement of the amount of 
money required from the township as its share of the county 
expenses. To this he adds the township expenses, and the 
whole amount is raised by taxation properly apportioned. 

Under the school law making attendance compulsory, the 
assessor is required to make a careful and correct list of all 
children between the ages of eight and sixteen years within 
the district, and return the same to the county commissioners. 
He reports to the clerk of the orphans' court all births and 
deaths during the year. 

The assessor prepares annually a list of all the persons in 
the township who are qualified to vote. Assessors are paid 
$2.00 for each day spent in the duties of the office. 

The Collector of Taxes. — This officer is elected for a 

Am. Cit. — 4 



50 PENNSYLVANIA 

term of four years, and his duties are indicated by his title. 
The manner of the collection of taxes varies, however, in 
different townships. While the constitution restricts special 
legislation (52), many special laws of an earlier date than the 
present constitution are still in operation. In general, the 
duties of the tax collector are to receive the tax duplicates 
from the officers who make the levies, and to attend at a 
stated place, at the proper time, to receive taxes and issue 
receipts therefor. In some townships the collector receives 
all taxes — State, county, and township, as well as school tax. 
In some places school directors have their own tax collectors; 
and the county treasurer in some townships collects the county 
taxes. The tax collector receives as compensation a per- 
centage of the money handled. 

The Auditors. — There are three auditors in office at any 
time; the term is four years. These officials examine the 
accounts of the supervisors, overseers of the poor, school 
board, and all other officers who receive or expend township 
funds. They publish annually a report showing the receipts 
and expenditures. Copies of this report are filed with the 
court and with the township clerk. The salary of auditors 
is $2.00 for each day spent in the transaction of official busi- 
ness. 

The Township Clerk. — In early times, the duty of the 
town clerk was to keep "ye accurate recorde of what dothe 
happene within ye metes and boundes of ye towne." Al- 
though social affairs would in all probability be much more 
orderly if a record were kept in every community at pres- 
ent, the office of township clerk has become comparatively 
unimportant. He now acts as secretary for the supervisors, 
and keeps a record of any stray animals that are reported to 
him. This office is in many cases left unfilled. 



TOWNSHIPS AND TOWNSHIP OFFICERS 51 

School Directors. — The school district is the unit of ad- 
ministration in the educational system of the State. It is 
a body corporate, and may sue and be sued as such. A 
board of six directors has charge of the educational inter- 
ests of a township district, and exercises its corporate powers. 
The officers of the board are the president, the secretary, 
and the treasurer. School directors are elected for a term 
of four years. Women are eligible to the office. School 
directors receive no salary. It is their duty to provide school 
facilities for all persons between the ages of six and twenty- 
one who desire to attend school. This involves levying school 
taxes, purchasing building sites, erecting and equipping 
school buildings, and arranging for the funds required in such 
transactions. The school tax rate cannot exceed 26 mills on 
the dollar — 1 3 for maintenance and 13 for building purposes. 

In the ordinary management of the schools the directors 
employ the teachers and fix the salaries; regulate the length 
of the term in excess of seven months; select the text-books 
and furnish them; purchase other necessary supplies; estab- 
lish courses of study directing what branches shall be taught 
besides those required by law; enforce attendance under the 
compulsory school law ; and visit the schools. 

The school directors of the whole county meet in convention, 
according to school law, to elect a county superintendent. 

Election Districts and Officers. — According to the con- 
stitution, all elections must be by ballot, or by such other 
method as may be prescribed by law: provided, that se- 
crecy in voting be preserved (136). In order that the voting 
may be done readily, a large number of polling places must 
be provided, and the election districts must necessarily be 
small. Townships and wards sometimes form such dis- 
tricts, but may be subdivided into several election districts 



52 PENNSYLVANIA 

by the court of quarter sessions. Election officers are chosen 
for each voting precinct in the township. The constitu- 
tion provides that the election board shall consist of a judge 
of election and two inspectors of election chosen annually 
by the citizens (146). Each inspector appoints one clerk. 
(See Chapter XV.) The compensation of election officers 
is $3.50 for an election, and is paid out of the county treasury. 
The above account relates primarily to townships of the 
second class, to which nearly all of the townships in the 
State belong. 

Officers in Townships of the First Class. — In townships of 
the first class the following officers are provided for by the 
Township Act of 1899, with terms as fixed by amendments 
of 1909: 

(1) Five township commissioners to hold office for the 
term of two years. If the population of the township ex- 
ceeds 5,000, an additional commissioner is to be elected for 
each 2,000 of population in excess of 5,000. No township 
commissioner shall receive any salary, or shall be eligible to 
any other township office. 

(2) A township treasurer, for the term of four years. He 
cannot serve two terms in succession. 

(3) A township assessor, for a term of four years. 

(4) Three township auditors, for a term of four years. 
Large townships are divided into election districts for the 

convenience of voters. In such cases each district elects an 
assistant assessor. 

The whole number of commissioners shall be apportioned 
among the election districts of the township in proportion 
to the population. Residence in the district in which he is 
voted for is not a requisite of eligibility for a township com- 
missioner. 



TOWNSHIPS AND TOWNSHIP OFFICERS 53 

The office of township supervisor is abolished in town- 
ships of the first class. 

The county commissioners are charged with the duty of 
ascertaining, after each decennial census of the United 
States, what townships, if any, within the county satisfy 
the conditions set forth as constituting a township of the 
first class. They must issue a proclamation setting forth 
such designation, and .publish it in two newspapers of the 
county. 

The organization of the township of the first class has 
come about through the need of closer centralization in 
localities where the population of the township is 250 or 
more to the square mile. Decentralization of government 
as to local affairs is a characteristic feature of American 
polity, and is one of the greatest safeguards of liberty; but 
where the population is great, the local government must 
exercise greater powers secured to it by the State through 
the action of the Legislature. 

QUESTIONS 

What names are given to the smaller political divisions in Pennsyl- 
vania ? What are the units of local government in this State ? Which 
of these may be called the elemental unit? 

Name the officers of a township of the second class, and state their 
qualifications, duties, and terms of office. 

What is said in the State constitution concerning the organization 
and power of townships? How many townships in this county? 
Name the officers in a township of the first class. What is a town- 
ship of the second class? When does the term of office of a township 
constable begin? 

What is the difference between a policeman and a constable? 
What are the principal duties of a justice of the peace? How is 
the final jurisdiction of this local court restricted? What other 



54 PENNSYLVANIA 

duties may the justice of the peace perform? What are the duties 
of the constable ? 

What officers represent the township as a body corporate ? What 
are the duties of the overseers of the poor? 

What are the duties of the assessors ? 

What is the triennial assessment ? What duties has the assessor 
under the compulsory attendance school law? 

Who collects the taxes ? What are the duties of auditors ? Of the 
township clerk ? 

What is the number of school directors in a township? What is 
an election district? 

What compensation do election officers receive, and how is it paid? 

Name the fiscal officers in a township of the first class. How has 
the organization of the township of the first class developed? 

What is the great principle of American practice as to local affairs ? 

How is a vacancy in the office of justice of the peace filled? 

What is the unit of the educational system of the State ? What are 
the duties of the school directors? 



CHAPTER VI 
BOROUGHS AND CITIES 

THE BOROUGH 

The Borough. — When the population of a village be- 
comes so large that its best interests demand a form of 
government with greater powers than those of the township, 
a separate local government is organized. A petition is pre- 
sented to the court of quarter sessions through a majority of 
the voters, and notice thereof is published in a county news- 
paper. If the court approves, the borough is organized, 
and becomes distinct from the township in which it may be 
located. Until thus incorporated, a village can have no truly 
distinct or separate local government. 

Borough Officers. — The officers of a borough are the chief 
burgess, the councilmen, tax collectors, assessor, treasurer, 
auditors, overseers of the poor, school directors, justice of 
the peace, constable, and board of health. 

The duties of many of these officials are the same as those 
of the corresponding township officers. Boroughs have no 
supervisors. 

The Chief Burgess. — The chief burgess is the execu- 
tive officer of the borough, is elected for a term of four 
years, and is not eligible for the next succeeding term. He 
cannot hold any other borough office or appointment during 
his term of office, nor be a member of the town council, nor 
preside at its meetings. His duty is to approve and sign 

55 



56 PENNSYLVANIA 

ordinances and resolutions passed by the council, or to veto 
them if he does not approve them. A two-thirds vote of the 
council overrules his veto. He is ex officio a justice of the 
peace. The law provides that in the absence or disqualifica- 
tion of the burgess, the president of the borough council shall 
perform the duties of such burgess. 

The Council. — In the expanded power of the borough 
the legislative or lawmaking power becomes prominent. 
In boroughs not divided into wards, the number of mem- 
bers in the town council is seven. The laws passed by the 
council are called ordinances. These relate to the general 
welfare of the people of the borough as to streets, crossings, 
water supply, sewers, lighting, police and fire service, care 
of the poor, abatement of nuisances, quarantine of cases of 
infectious and contagious diseases, public health in general, 
location and care of cemeteries, etc. The council deter- 
mines the rate of taxation in the borough, and controls the 
expenditures. It examines all bills, and pays by orders on 
the treasurer. The council is presided over by a president 
elected from their number at the annual organization of 
council; and, in the absence of the president, a president 
pro tempore presides. A clerk is appointed who keeps a 
record of all the transactions of the council, and publishes 
its ordinances. The corporate powers of the borough are 
vested in the council, which acts in all suits to which the 
borough is a party. 

In boroughs divided into wards, the court of quarter 
sessions fixes the number of councilmen to be elected in 
each ward as a separate election district. This number can- 
not exceed three, and not all are elected at the same time. 
Councilmen are elected for a term of four years, and receive 
no compensation for their services. 



BOROUGHS AND CITIES 57 

The Treasurer. — This officer is placed under bond for 
the faithful performance of his duties. He receives all taxes, 
fines, license money, and other borough funds, and pays 
out the money of the borough on the order of the council 
duly presented in writing. 

The Assessors. — In making the valuation of property, 
the assessors of all the wards of a borough act as a board 
of assessors. They make the assessments of all taxation 
for borough, school district, and county purposes; and send 
a return thereof to the county commissioners, who act as a 
board of tax revision. 

THE CITY 

The City. — In densely populated districts of large areas, 
the centralization of humanity and human interests demands 
a government that is centralized and efficient beyond the 
degree of any borough government. Such a complex type 
of local government is municipal government, and the com- 
munities thus controlled are known as cities. 

The present form of city governments shows that they 
have been much influenced by the form of State govern- 
ments. In fact, the government of an American city is a 
reduced copy of the government of a State. The city has 
its own constitution or charter, its laws, its legislature, its 
executive, its judiciary, its treasury, and its police force. 

Municipal government in Pennsylvania dates from the 
founding of Philadelphia in 1682. The charter given by 
Charles II. granted the power to incorporate boroughs and 
cities; viz., "To divide the said Countrey and Islands 
into Townes, Hundreds, and Counties, and to erect and 
incorporate Townes into Boroughs and Boroughs into 
Cities." 






58 PENNSYLVANIA 

Classes of Cities. — The law classifying the cities of the 
Commonwealth divides them into three classes: 

Cities containing a population of 1,000,000 or over con- 
stitute the first class. 

Cities containing a population of 100,000 and under 
1,000,000 constitute the second class. 

Cities containing a population of under 100,000 constitute 
the third class. 

At present all the cities of the State except three belong 
to the third class. Philadelphia is the only city of the first 
class; while Pittsburg and Scranton belong to the second 
class. Allegheny has been united with Pittsburg. 

The State constitution (52) forbids special legislation. In 
order to comply with this provision, and secure at the same 
time laws suited to the different cities, it is necessary that 
they be classified. A law needed in a large city might be 
useless or harmful in a small city. 

The City Charter. — According to the constitution (179), 
cities may be chartered whenever a majority of the electors 
of any town or borough having a population of at least 
10,000 shall vote at any general election in favor of the same. 
The city charter is the fundamental law of the city. It out- 
lines the mode of government, and enumerates officers, 
legislative bodies, etc. Charters are granted by the General 
Assembly, and all cities of the same class have the same 
charter. 

Wards. — For convenience in organization and admin- 
istration the city is divided into wards, and these again for 
election purposes into precincts or polling divisions. Wards 
differ in size and population, but are usually the unit of 
representation in the councils and various boards of the city. 

City Officers. — The officers of a city of the third class are 



BOROUGHS AND CITIES 59 

the mayor, councilmen, aldermen, treasurer, controller, 
solicitor, school superintendent, chief of police, fire marshal, 
board of health, assessors, and some others who have the 
same duties as the corresponding officers in a borough. In 
cities of the first and second class the aldermen are called 
magistrates. In such cities a large part of the administrative 
business is transacted through executive departments. 

The Mayor. — The chief executive officer of a city is 
the mayor. He is chosen by the electors to serve for a term 
of four years, and is not eligible for the next succeeding term. 
He must be at least twenty-five years old, and must have been 
a citizen and resident of the State for four years and of the 
city one year. The mayor is responsible for the good order 
and peace of the city, and has the authority of a justice of the 
peace under the laws of the Commonwealth. He is charged 
with the duty of suppressing all disorder and riot by means of 
the police force. In order to enable him to preserve public 
peace within the city, he has all the powers of a sheriff; and if 
he finds the means for suppressing mobs and riots insufficient, 
he may call upon the sheriff of the county for assistance. He 
prepares an annual message to councils setting forth the 
condition of the finances and other affairs of government, 
and recommending measures which he may deem proper for 
the improvement of the same. He calls special meetings of 
the councils whenever necessary. The mayor appoints nearly 
all the subordinate officers whose positions are created by 
ordinance, and in many cases can exercise the power of re- 
moval. All bills passed by the councils are submitted for his 
approval and signature. Should he veto a bill, it must be re- 
passed by a vote of two thirds of all the members of councils 
before it can become a law. 

The Councils. — The city legislature consists of two coun- 






60 PENNSYLVANIA 

cils — the select council and the common council. Each ward 
elects one member of the select council for four years, and 
two members of the common council for two years. One 
half of the members of select council are elected every two 
years. The members of councils receive no compensation 
for their services. 

Except in number and extent, the powers and duties do 
not differ materially from those of the borough council. The 
subjects of legislation of the councils relate exclusively to 
local matters. Among the multitude of subjects concerning 
which ordinances may be enacted are the creation of sub- 
ordinate offices, with regulation of appointments and re- 
movals; fixing salaries and amount of official bonds; appro- 
priation of city funds; borrowing money, issuing bonds, and 
creation of a sinking fund ; care of streets, sewers, sidewalks, 
and railroad crossings; establishment and regulation of the 
police; provision of lockups; regulation of markets, ferries, 
wharves, and water courses; creation of a fire department; in- 
spection of buildings; requiring the numbering of houses; 
regulation of weights and measures; establishment of a de- 
partment of charities; making of health regulations; and the 
establishment of hospitals and parks. 

The City Treasurer. — This officer is elected by the people 
for a term of four years. His duties are similar to those 
of the borough treasurer. All moneys received by him are 
deposited in such banks and institutions as councils may 
determine. By virtue of his office, he is the collector of all 
the city, school, and poor taxes. On entrance upon his duties 
as treasurer, he takes also his oath of office as collector, and 
gives bond for the faithful performance of his duties. The 
tax duplicates in his office are at all times open to the proper 
inspection of taxpayers. He appoints and pays the deputy 



BOROUGHS AND CITIES 61 

tax collectors. The compensation or commission for collect- 
ing taxes is fixed by the authority levying the tax, but cannot 
be less than one per cent, on all taxes promptly paid, and five 
per cent, on all taxes paid him after the penalty has been in- 
curred. 

The City Controller. — The controller is elected by the 
qualified voters for a term of four years. His duties are to 
examine, audit, and settle all city accounts. His department 
attends to the general checking and auditing of the accounts 
and books of all the departments dealing with the finances of 
the city. He countersigns all warrants drawn upon the 
treasurer. His salary is determined by the councils. 

The City Solicitor. — This officer is appointed by the 
councils in joint session. They determine his salary, and 
place in his charge all the legal business of the city govern- 
ment in general. He advises the city councils and officers 
concerning questions of law submitted by them. He repre- 
sents the city and its officers in all suits to which they are 
parties. He must be learned in the law, and qualified to 
practice in the Supreme Court of the Commonwealth. 

The Superintendent of Schools. — The law authorizes the 
school directors in all cities, boroughs, and townships of 5,000 
or more inhabitants to elect their own school superintendent, 
who has the same powers as a county superintendent, and 
must have the same qualifications. 

The City Judiciary. — In cities of the third class, justices 
of the peace are called aldermen. Each ward is entitled to 
elect one alderman, who shall have the powers and jurisdic- 
tion of a justice of the peace. He is commissioned by the 
Governor for a term of six years, and must have resided 
within the ward for one year next preceding his election. 
Appeals may be taken from the decision of the alderman's 



62 PENNSYLVANIA 

court to the county court of common pleas. The work of the 
alderman is much greater than that of a justice of the peace 
in a borough or township, and the office is much more re- 
munerative. The mayor is ex officio a justice of the peace, 
and his court having jurisdiction over minor criminal offenses 
is the most characteristic feature of the city judicial system. 
His civil jurisdiction deals only with violations of the city 
ordinances and the laws of the Commonwealth relating to 
cities. He can administer oaths, take acknowledgments of 
written instruments, and solemnize marriages. Important 
city cases belong to the jurisdiction of the county courts. 

The City Constables: The Police. — The voters in each 
ward, in cities of the second and third classes, elect a 
properly qualified person for constable, to serve for four 
years. Policemen are ex officio constables of the city, and 
shall and may without warrant and upon view arrest and 
commit for hearing any persons guilty of disorderly conduct, 
or unlawful acts imperiling the personal security or endanger- 
ing the lives of the citizens, or violating any of the city ordi- 
nances which impose fine or penalty. The mayor must exer- 
cise constant control and supervision over the police, and 
hear and determine all complaints against them in the dis- 
charge of their duties. He appoints the chief of police and the 
other officers. 

Board of Health. — In any city of the third class coun- 
cils may create a board of health consisting of five members, 
two of whom must be practicing physicians. The members 
are appointed, one annually, for a term of five years, by the 
mayor by advice and consent of the select council. The board 
issues licenses to plumbers, and attends to the general sanita- 
tion of the city. 

The Fire Marshal. — A fire marshal may be appointed 



BOROUGHS AND CITIES 63 

by the mayor for a term of two years. His duties relate to the 
examination into the causes of fire, and means for prevention. 
The chief of the fire department, or the chief of police may be 
made fire marshal ex officio. 

Water and Lighting Department. — Councils may also 
create a department dealing with the water supply and light- 
ing of the city. It consists of three commissioners, elected 
one annually by the councils in joint session, and the term of 
office is three years. They make an annual report to the 
councils. 

The City Engineer. — The councils elect, in joint session, a 
competent civil engineer to perform certain important duties. 
He has charge of the grading, repair, and opening of streets, 
and attends to such engineering matters as the city may un- 
dertake. A good city engineer may do much to render a 
city beautiful. 

Board of Assessors. — The qualified electors of each city 
of the third class elect three persons, who must be resident 
voters and owners of real estate therein, to serve as city 
assessors for a term of four years. No two members of 
this board can be residents of the same ward. The assessors 
serve also as a board of revision and tax equalization. 

Departments in Great Cities. — In great cities, like those 
of the first and second class, the practical work of administra- 
tion is carried on by numerous departments, and there are 
many subordinate officers. 

In Philadelphia, the mayor holds office for four years and 
is not eligible for the next succeeding term. He is the head 
of the executive branch of the government, which comprises 
four departments, namely: public safety, public works, 
supplies, and public health and charities. In general the 
chief officer of each department appoints his own subordi- 



64 PENNSYLVANIA 

nates. The duties of the officials of the various departments 
are largely indicated by the titles. The department of public 
safety is subdivided into seven bureaus, namely: police, fire, 
electrical, city property, building inspection, boiler inspec- 
tion, and correction. The department of public works has 
also seven bureaus, namely: gas, lighting, water, filtration, 
street cleaning, highways, and surveys. The department of 
supplies purchases all articles and personal property needed 
in the business of the city government, except books and 
other specialties for the libraries, museums, and city school 
system. The department of public health and charities 
attends to matters relating to public health, charities, alms- 
houses, municipal hospitals and similar institutions under 
the control of the city. The mayor calls together the heads 
of the departments at stated times for advice and consultation 
upon the affairs of the city, and may require reports upon the 
matters under their control. 

The other leading officials of Philadelphia are the con- 
troller, the treasurer, the solicitor, and the receiver of taxes. 
There are also several public commissions, having manage- 
ment and control of various special municipal activities. 

Councils in Philadelphia. — Select council consists of as 
many members as there are wards (46 in 1909), and the 
members are elected biennially for a term of four years. 
Each ward sends one member to common council for every 
2,000 taxable voters. Members of this branch of the coun- 
cils are elected for a term of two years. 

Magistrates' Courts. — The State constitution abolishes 
the office of alderman in Philadelphia (112). It provides 
that there shall be established for each 30,000 inhabitants 
one court of police and civil causes with jurisdiction not ex- 
ceeding $100. Such courts shall be held by magistrates 



BOROUGHS AND CITIES 65 

elected on general ticket at the municipal election for a term 
of six years by the qualified voters. They shall be paid a 
fixed salary by the county, and shall exercise such civil and 
criminal jurisdiction as has been hitherto exercised by alder- 
men. 

Constables in Philadelphia. — Each "ward of the city elects, 
in general, two constables to serve for six years. But the 
21st, 22d, 23d, and 24th wards elect by separate districts as 
provided by law. 

The Public Schools of Philadelphia. — The public schools 
of this city are not under the general school system of the 
State. The control of the city system is vested in a board of 
public education consisting of twenty-one members appointed 
by the judges of the courts of common pleas of the county. 
There are also local boards of school directors elected for 
each ward of the city, with duties largely visitorial. A superin- 
tendent and six assistant superintendents are elected by the 
board of education. Councils must appropriate annually, 
for the support and maintenance of the schools, a sum not 
less than five mills upon the assessed valuation of the real 
estate of the city. 

Cities of the Second Class. — Only two of our cities are at 
present entitled to this rank, Pittsburg and Scranton. An Act 
of Assembly of 1901 extends the so-called Federal plan to 
cities of this class. The new charter separates the executive 
and legislative departments as is the case in the State and 
National governments. The executive power is vested in the 
mayor, who is assisted by the heads of the several depart- 
ments. He is elected for a term of four years, but is not 
eligible for the next succeeding term. He must be at least 
twenty-five years of age, and must have been a citizen and 
resident of the State for five years, and an inhabitant of the 
Am. Cit. — s 



66 PENNSYLVANIA 

city for five years next before his election. His powers are 
extensive, and he may remove from office any head of de- 
partment, director, or other officer whom he has appointed, 
transmitting to select council his reasons for so doing. He is 
responsible for the good order and efficient government of 
the city, executing and enforcing the ordinances of the city 
and the laws of the State. It is his duty to communicate to 
councils, at least once a year, a statement of the finances and 
general condition of the affairs of the city; to recommend by 
written message to councils such legislation as he may think 
expedient; to call special meetings of councils whenevei 
public necessity may require them. He may also, as often as 
he may think proper, appoint three competent persons to 
examine, without notice, the accounts of any department or 
officer of the city. The mayor approves or disapproves reso- 
lutions and ordinances passed by councils. A three-fifths 
vote of all members in each branch of councils is necessary 
in order that any legislation may be repassed over his veto, 
and the same is true in regard to any item in any appropria- 
tion bill of which he may disapprove. 

The executive departments are nine in number, as follows : 
public safety, public works, collector of delinquent taxes, 
assessors, city treasurer, city controller, law, charities and 
correction, and sinking fund commission. The departments 
of public safety and public works have each a head official 
called the director. For convenience in operation these 
larger departments are divided into several bureaus whose 
names sufficiently indicate their several spheres. These divi- 
sions in the individual cities differ somewhat, but are alike 
in most respects. Thus, in Pittsburg, the department of 
public safety has the following bureaus: — police, detectives, 
fire, electricity, health, and building inspection. In the im- 



BOROUGHS AND CITIES 67 

portant department of public works we find the following 
bureaus: — construction, surveys, highways and sewers, city 
property, water, water rents, parks, light, and deed registry. 

The city solicitor, collector of delinquent taxes, sinking 
fund commission, and heads of the various departments are 
appointed by the mayor by and with the advice and consent 
of the select council. 

The board of assessors and city controller are chosen by the 
vote of the people at the regular city elections. It is essential 
that these officials should be independent of both mayor and 
councils, but responsible alone to the people. 

The select council consists of one member elected from 
each ward to serve four years, one half of the membership 
being elected every two years. The common council has two 
members from each ward, — and more if the ward is large, — 
elected for two years. The powers of councils are extensive. 
In case the office of mayor becomes vacant the councils in 
joint session have power to fill the vacancy, if in the last year 
of the term. During a vacancy the president of select council 
acts as mayor. No contracts for the city can be entered into 
until the councils pass the necessary ordinances. 

The police power for taking information, making arrests, 
and preserving the peace is vested in the mayor and five 
police magistrates, not all of the same political party, to be 
appointed by the mayor, subject to the approval of the select 
council. The term of office of such magistrates is during 
good behavior, and until a successor shall be appointed and 
approved. They serve in such districts as are designated by 
ordinance, and receive an annual salary fixed by councils. 

Corporate Powers. — The corporate powers of all cities 
are set forth in the general charters granted by the General 
Assembly to each particular class. The powers enumerated 



68 PENNSYLVANIA 

in the charter for cities of the second class embrace many 
common to all cities. Such cities have perpetual succession, 
may sue and be sued, purchase and hold property, lease, 
sell, and convey property, make contracts, have and use a 
corporate seal, and do all other acts necessary to the exercise 
of their corporate powers. In relation to the enactment of 
ordinances, the charter for cities of the second class sets 
forth these powers under forty-three heads. These will well 
repay careful study in order that the difficulties of municipal 
government may be understood. 

Vital Problems in Cities. — The most vital of the great 
problems in regard to cities is how best to govern such large 
gatherings of people. Important questions are constantly 
arising in municipalities, such as: — how to control the cor- 
porations that have acquired franchises; the letting and 
supervision of contracts; the proper care for the criminal 
and needy classes, constantly increasing in such cities; how 
to manage the educational interests for the benefit of all; 
and especially, how to prevent the control of the municipality 
by political bosses, spoilsmen, and rings. Such questions 
require the constant exercise of care and study by the best 
men, and eternal vigilance to settle them and to keep them 
settled. The charters are the efforts of Pennsylvania to aid 
its great cities in the solution of such problems. 

The forces that attack and pervert the republican form 
of government are very numerous in cities, and the defen- 
sive forces are not always well placed for resistance. The 
State, by legislative enactments and through certain re- 
strictions embodied in its constitution (180-181), seeks to 
diminish the evils which appear wherever a large population 
is densely aggregated (157). 



BOROUGHS AND CITIES 69 

QUESTIONS 

Describe the organization of the borough. Name the officers and 
state briefly the duties of each. What judicial functions does the 
chief burgess perform by virtue of his office ? 

How many members in a borough council? What name is given 
to the laws passed by a council? Wherein are the corporate powers 
of a borough vested? 

Is there a local board of health in this borough ? What is it doing 
for the public health? 

What is a city ? Distinguish between a borough and a city. 

Specify the classes into which the cities of this Commonwealth are 
by law divided. 

Name the officers of the city government. What are their respec- 
tive duties? 

What is the title of the chief executive officer of a city? How is he 
chosen? What are his duties? 

What is the length of the mayor's term of office ? 

How do justices of the peace and police magistrates receive their 
offices? 

What is the title of the legislative body of a city ? Of how many 
branches is it composed? 

How is a city governed? How is the mayor chosen? What are 
his duties and functions ? 

W T hat are the duties of the city council? How are the members 
chosen? What is the title of the highest executive officer of a city? 

What does a city do in management of the criminal classes ? De- 
scribe the municipal courts. 

Why are special city courts necessary or desirable? 

How is a city divided for purposes of organization and adminis- 
tration ? 

What provision does the city make for recreation ? 

Describe the public school system in cities. 

What are the functions of the fire department? 

What are the functions of the police department? What special 
need does it meet? State its form and organization. 

Upon what grounds would you justify an ordinance forbidding the 
building of wooden houses in the center of a city? 



70 PENNSYLVANIA 

How is a pure and adequate water supply obtained ? 

Describe the form, organization, and activities of the health de- 
partment. 

What care is taken of the morals of the community? 

How are the streets of a city cleaned ? 

What constitutes the city judiciary? 

How does the city respond to the need for protection of life and 
property ? 

How does the city provide for the needs of transportation and 
communication? 

In what way have cities affected the advance of democracy ? 

Name a few of the influences which tend to destroy the political 
morality of a city. 

What does Mayor Guthrie set forth as "the city beautiful"? 

What are some of the problems and dangers menacing great 
cities? How may the well-being of cities be secured? 

What agencies may work for the improvement of the government 
of a city? 

Where are the corporate powers of cities set forth ? 

What is a city charter ? Who are ex officio constables of the city ? 

Compare briefly the governments of a borough, a small city, and a 
large city. 

Name some of the subjects concerning which ordinances may be 
enacted. Name two ways in which a proposed ordinance may fail 
to "pass." 

How can city officers be removed from office if necessary to the 
public interest ? How are vacancies rilled ? 

What regulations are made to prevent fires? What provisions 
are made for extinguishing them ? 

How many public parks are there in your city ? What can you 
do to make yours a model city — the "city beautiful"? 



CHAPTER VII 
COUNTY GOVERNMENT 

Number and Area of Counties. — The State is divided 
into sixty-seven counties varying in area from Montour 
with 130 square miles, to Lycoming with 1,195 square miles. 
In population they range from Cameron with 7,048, to 
Philadelphia with 1,293,697 inhabitants. The three original 
counties, Chester, Philadelphia, and Bucks, were organized 
in 1682. The youngest county is Lackawanna, organized in 
1878. 

County Seats. — Each county has a town as its seat of 
local government. At this place, known as the county seat, 
are erected the court house and offices for the several county 
officers. This town stands in the same relation to the county 
that the capital city does to the State. Certain officers are 
required to have their offices in the county seat (175). 

The constitution specifies (171) that no new county shall be 
established which shall reduce any county to less than 400 
square miles, or to less than 20,000 inhabitants; nor shall any 
county be formed of less area or containing a less population ; 
nor shall any of its lines pass within ten miles of the county 
seat of any county proposed to be divided. The ten miles 
must be measured from the borough or city limits, not from 
the courthouse. 

County Officers. — In the county we see a distinct tend- 
ency toward the threefold division of sovereign power that 

71 



72 PENNSYLVANIA 

the Anglo-Saxon race insists shall pervade all government, 
namely, the legislative, the executive, and the judicial func- 
tions. 

The officers of the county (172) are: — commissioners, 
sheriff, prothonotary, clerk of the courts, register of wills, 
recorder of deeds, clerk of the orphans' court, district at- 
torney, treasurer, auditors or controller, coroner, solicitor, 
mercantile appraiser, surveyor, county superintendent of 
schools, directors of the poor, jury commissioners, county 
judge; and in some counties, associate judges and prison 
inspectors. 

Who may be County Officers. — In order to be eligible 
to a county office (174), a person must have been a citizen 
and an inhabitant of the county one year next before his 
election. County officers are chosen (173) at the municipal 
election, and hold office for four years. 

Salaries. — In counties having a population of less than 
150,000 inhabitants, the salary of each officer consists of 
fees fixed by law (176). In the other counties, the fees are 
paid into the State treasury or into the county treasury as 
the law may direct, and a specified salary is paid. In no 
case can the salary be greater than the amount of fees col- 
lected (176). The law fixes several grades of salaries ac- 
cording to the population of the county. 

The Commissioners. — The officers who conduct the gen- 
eral county business are the commissioners, and they are 
vested with all the powers which the county possesses as 
a body corporate and politic. Among these are the power 
to acquire, hold, and dispose of property; to enter into 
contracts; to be a party to suits at law. The commis- 
sioners levy the county taxes; provide for the erection, re- 
pair, and furnishing of the courthouse, jail, and other 



COUNTY GOVERNMENT 73 

official buildings; construct and keep in repair roads and 
bridges which in cost and importance pass beyond the sphere 
of the township officers. In order to accomplish such pur- 
poses, they may borrow money on the credit of the county, 
and issue bonds for the same. They are required to set 
forth annually an account of the receipts and expenditures. 
If new public buildings are required, the commissioners 
must obtain the approval of two successive grand juries and 
of the court of quarter sessions before the buildings can be 
erected. The commissioners meet as a board to transact 
the business of the county, and two are necessary to the 
taking of any action. In addition to the duties already 
enumerated, the commissioners perform important duties in 
connection with elections. They provide voting rooms, vot- 
ing booths, ballots, cards of instruction, lists of voters, etc. 

Commissioners are elected in each county every fourth 
year; and in order to secure representation on the board for 
more than one political party, no elector is allowed to vote 
for more than two such candidates at the same time (178). 

Any casual vacancy in the office of county commissioner 
is filled by the court of common pleas of the county in which 
the vacancy occurs. 

The Sheriff. — The sheriff is the executive officer of the 
county and of its courts. He is the conservator of the public 
peace, and to that end he has the power to make arrests. 
He may call to his aid any citizens of the county, thus form- 
ing what is known in law as the posse comitatus. A citizen 
cannot lawfully refuse to aid him in making an arrest. In 
order to quell riots and disturbances, he may call upon the 
Governor for assistance. When a man is arrested for crime, 
it is the State which arrests him by the hand of the sheriff, 
its agent in the county. In this sense the sheriff becomes a 



74 PENNSYLVANIA 

State officer, although he cannot make arrests or seize prop- 
erty beyond his own county. He is the arm of the law for 
that county, however, and conditions might arise under 
which the aid of the President and Nation might be invoked. 
As for the force that the sheriff may draw upon, if necessary, 
for the suppression of disorder in a single locality, it is 
practically unlimited and irresistible. It rises from the posse 
comitatus or "power of the county," to the State militia, or 
even to the full power of the regular army. 

The sheriff is the ministerial officer of the county courts, 
and serves all legal processes issuing therefrom. He has 
charge of the county jail, and is required to receive and 
safely keep all persons duly committed to his custody until 
they are lawfully discharged. He preserves order at the 
sittings of the county court, and carries out the decisions 
therein rendered. Under proper warrant from the Governor, 
he executes criminals condemned to death penalty. If a 
taxpayer refuses to pay his taxes on real estate after assess- 
ment and demand by the proper officers, the sheriff may 
seize the property and expose it for sale, and deduct taxes 
and legal expenses from the proceeds. The sheriff also sells 
property for debt, when judgment has been given by court 
and execution issued therefrom. He has charge of the jury 
wheel, and assists in drawing the juries. He summons 
witnesses and jurors. By means of advertisements in news- 
papers and by handbills, he makes proclamation of general 
elections. 

The sheriff cannot serve two successive terms. Since the 
nature of his office requires that he should deal with large 
sums of money, he is placed under heavy bonds, varying 
according to the population of the county. His salary is 
usually the largest paid to county officers. 



COUNTY GOVERNMENT 75 

The Prothonotary. — This county officer is the clerk of 
the court of common pleas — the civil court. He is the cus- 
todian of the records of the court, and all judgments and 
mechanics' liens are recorded by him. The prothonotary 
has charge of the seal of the court, and affixes it to all writs, 
processes, and documents that require it. He makes an an- 
nual report to the secretary of the Commonwealth, showing 
the number and nature of criminal cases tried, the acquittals 
and convictions. He administers the oaths and affirmations 
to jurors, witnesses, and others in conducting the business 
of his office. He keeps the register of physicians, and the 
record of all naturalizations. The returns of city, county, 
State, and National elections are made to him and filed in 
his office. He makes a certified copy of the election returns, 
except that of the city, and transmits it to the secretary of 
the Commonwealth. 

The Clerk of the Courts. — This officer is usually clerk 
of the court of quarter sessions and the court of oyer and 
terminer — the criminal courts. He attends all sessions of 
the courts, and makes a detailed record of the proceedings. 
He calls before the court the jurors and witnesses, and ad- 
ministers the prescribed oaths. The business of the court 
of quarter sessions, relating to the opening of streets and 
roads and the granting of liquor licenses, is in his charge. 
The returns of township and borough elections are filed in 
his office, and certificates of election are issued to successful 
candidates, except justices and aldermen, who are commis- 
sioned by the Governor. 

Register of Wills. — This official records all wills when they 
are probated, that is, proven to be the lawful acts of the de- 
ceased persons who are asserted to have made them. The 
division of an estate is made under the supervision of the or- 



76 PENNSYLVANIA 

phans' court. The register of wills appoints administrators 
on the estates of persons who have died intestate, that is, 
without leaving wills. Executors and administrators con- 
sult him in regard to the performance of their duties, 
and are required to report to him the final settlements of es- 
tates. 

Recorder of Deeds. — One of the most important officials in 
his relation to the people is the recorder of deeds. All papers 
used in making transfers of real property, or in placing liens 
or mortgages upon it, the law requires to be recorded in the 
office of the recorder of deeds. Such papers are called deeds, 
mortgages, liens, contracts, and partnership agreements ac- 
cording to their nature, and are often of the greatest im- 
portance in determining property rights. The time of re- 
cording the papers is so important that each paper is marked 
with the exact day of presentation. Mortgages are even 
marked with the exact hour of presentation, since claims of 
right often rank according to their priority. 

Clerk of the Orphans' Court. — The duties of this officer 
are indicated by his title. In most counties the office is 
joined with that of the register of wills or the clerk of the 
courts. Originally, all the courts sitting in the same county 
had always the same clerk. In many counties the offices 
of register of wills and recorder of deeds are filled by the 
same person. In some of the smaller counties, all the clerical 
duties are performed by one man as prothonotary, clerk of 
the courts, clerk of the orphans' court, register of wills, and 
recorder of deeds. 

District Attorney. — The agent of the State in bringing 
persons accused of crimes to trial is the district attorney. 
He prepares the indictments and submits them to the grand 
jury, together with the evidence to substantiate the charges. 



COUNTY GOVERNMENT 77 

If a "true bill" is found by the grand jury, the district at- 
torney becomes the prosecuting officer when the trial takes 
place. No person is eligible to this office unless he has been 
admitted to practice as an attorney in the courts of some 
county within the Commonwealth for at least two years 
preceding his election. 

The County Treasurer.— This officer receives all State 
and county taxes, as well as fines and license fees. In some 
counties he is tax collector; in others he receives the pro- 
ceeds from township tax collectors of all taxes levied for 
county and State purposes. He pays the State tax and 
other State moneys over to the State treasurer. He dis- 
burses the county funds upon warrants drawn by the county 
commissioners or other officers designated by law. His ac- 
counts are open to the inspection of the auditors or con- 
troller, and he must make regular financial reports to the 
county commissioners. The financial records of the county 
are preserved in his office. He cannot have two successive 
terms, and is under bonds for the faithful performance of 
his duties. In case of a vacancy in the office of county 
treasurer, the commissioners have power to appoint a suit- 
able person. 

The Auditors. — These officers serve as guards over the 
treasury and every office in which public funds are handled, 
since accounts are kept in duplicate by individual depart- 
ments. The auditors adjust the accounts of the treasurer, 
sheriff, commissioners, and every other officer who handles 
county funds. They report regularly to the State auditor 
the condition of the county finances. There are three au- 
ditors elected in a county at the same time, but no elector 
can vote for more than two of them (178). A vacancy in 
the office is filled by the court of common pleas. 



78 PENNSYLVANIA 

In counties having 150,000 inhabitants or over, the powers 
of the auditors are vested in a county controller. 

The Mercantile Appraiser. — This official is appointed an- 
nually by the county commissioners. He investigates the 
amount of sales made by dealers in merchandise, and classi- 
fies such dealers with reference to business licenses. These 
licenses are a special form of State tax. He receives a fee for 
each license issued. In Philadelphia, the appraisers are ap- 
pointed by the auditor-general and the city treasurer (72). 

The Coroner. — This officer holds a formal investigation 
over the body of any person who is suspected of having died 
by violence, or who has died in prison. Such proceeding is 
called an inquest. He summons a jury of six persons to 
assist him in his findings. His services are of great importance 
to society, both in bringing murderers to punishment and in 
protecting the innocent from accusation. In the absence of 
the coroner, the justice of the peace may hold an inquest. If 
the office of sheriff becomes vacant, the coroner performs the 
duties of that office until the Governor makes an appointment. 

The County Solicitor. — The commissioners appoint the 
county solicitor, who is the legal adviser of the county officers. 
He is empowered to act as counsel for the county in all civil 
suits to which it is a party. 

County Surveyor. — This office is of small importance 
now as compared with former usefulness when the State 
owned large tracts of land, and the sales required the making 
of surveys. The principal duties of the surveyor now relate 
to the demarkation of boundary lines disputed in the courts. 
His services also secure accuracy and skill in the construction 
of roads and bridges. He issues maps of the county, and 
makes plots of the various surveys. 

The Superintendent of Public Schools. — As his title im- 



COUNTY GOVERNMENT 79 

plies, this officer has general supervision of the public schools 
of the county. He examines applicants for certificates of 
qualification to teach; visits all the schools annually, if 
possible; sees that the subjects specified by law are taught 
according to approved methods; advises and directs the 
teachers; holds an annual institute for the teachers of the 
county; and makes an annual report as well as monthly re- 
ports to the State superintendent of public instruction. 

The county superintendent may grant two kinds of cer- 
tificates : the provisional and the professional. The former is 
good for one year only; the latter for the unexpired remainder 
of the superintendent's term, and one year thereafter. Cer- 
tain other duties, concerning the granting of permanent 
certificates and the examination of candidates for graduation 
at normal schools, pertain to his office under the direction of 
the State superintendent. 

The county superintendent must have superior qualifica- 
tions of physical endurance, moral character, scholarship, 
and skill in his profession. He takes oath to perform faith- 
fully the duties of his office. The minimum salary paid is 
fixed by law at $1,000, and the maximum to be paid by the 
State at $2,000. The size of the county, the average length 
of the school term, and the number of schools determine the 
varying salaries between these limits. Any amount greater 
than the maximum stated above may be agreed upon by 
the school directors in the convention at which the superin- 
tendent is chosen; yet the excess in salary is not paid by the 
State, but is deducted from the county's share of the State 
appropriation. 

Women are by the constitution made eligible to the office 
of superintendent of schools (166). 

Directors of the Poor. — In those counties in which the 



80 PENNSYLVANIA 

commissioners have erected and furnished almshouses, three 
directors are elected to take care of and provide for the poor 
of the county with money obtained by taxation. In many 
counties the relief of paupers is still left in the hands of the 
township and city officers. 

Inspectors of Prisons. — In nine counties, the courts or 
county commissioners appoint prison inspectors who serve 
for one year. They appoint the officials of the prison, and re- 
ceive and pay out the funds used in carrying on the institution. 

Jury Commissioners. — These officers, in connection with 
one of the judges, select from the qualified electors of the 
county a certain number of persons to serve as jurors in cases 
brought before the courts for trial during the year. There are 
two jury commissioners, and they cannot serve more than 
two terms in succession. The method of drawing juries is 
described under the chapters on the Judiciary. The law 
provides that two sober, intelligent, and judicious persons 
shall be chosen in each county to serve as jury commissioners 
for a period of three years. In order to secure representation 
on the board for more than one political party or faction, no 
elector can vote for more than one person to serve as jury 
commissioner. The tw T o persons having the greatest number 
of votes are elected. 

County Courts and Judges. — The county courts are the 
courts of the judicial districts into which the State is divided 
(105). The judges of the county courts are chosen by the 
voters of the whole district at the municipal election. The 
same judge or judges exercise jurisdiction in the courts of the 
different counties in the district, but each county has its own 
courts. (See Judiciary.) The county was organized from 
the beginning as a judicial district with courthouse, jail, 
judge, and sheriff. 



COUNTY GOVERNMENT 81 

QUESTIONS 

Bound the county in which you live. When was this county or- 
ganized ? How many counties in this State ? 

Have the names of the counties any historical significance ? 

Where does county court mqet?_ 

Prepare a list of the officers of this county. 

Name five county officers, their terms of office, and two duties of 
each. 

Is the board of commissioners an executive or a legislative body ? 
Is the county government in Pennsylvania a pure democracy ? Why ? 

Who is the sheriff of this county? What are his duties? State 
the salary he receives. How was he chosen? What is his term of 
service? Is the sheriff an executive or a judicial officer? 

What are the duties of the following officers: commissioners, 
sheriff, district attorney, auditor, and mayor? 

What aid does the National Government give to the State in cases 
of invasion or domestic violence? 

Name the three departments of government, and state the func- 
tions of each. 

In a criminal case who is the plaintiff? 

What are the duties of the county superintendent? Name your 
county superintendent of schools. 

Describe the county courts in brief. How are the judges chosen? 

What is the object of having more than one party represented on 
the board of county commissioners? 

Why should mortgages, deeds, and other like documents be offi- 
cially recorded? 

If a man steals and is prosecuted, who becomes the plaintiff? 

Why should not a person be allowed to fill the office of county 
treasurer two or more terms in succession ? 

Who would be keeper of the jail if the sheriff should be a prisoner? 
Why not one of the deputy sheriffs ? 

Study carefully the derivation of the words auditor, sheriff, coro- 
ner, commissioner, supervisor, and superintendent. 

If you had a bill against the county, how would you get your pay? 
To whom would a county auditor send his resignation if he desired 
to be relieved? 

Am. Cit. — 6 



CHAPTER VIII 
THE STATE GOVERNMENT 

Three Great Departments. — The State preserves the old 
threefold division of the powers of government into sepa- 
rate departments: the legislative, the executive, and the 
judicial. It is the main framework of the State constitution, 
and in this respect the structure of the State government is 
identical with that of the National Government. The Con- 
stitution of the United States, by devolving certain duties 
upon the legislatures and governors of the several States, 
makes such a division necessary; for a State without such a 
division of governmental powers could not have a republican 
form of government within the meaning of the Constitution. 

The Necessity for Such Division. — Experience has shown 
that the powers which belong to all governments can be most 
safely and satisfactorily exercised by dividing them. A 
"government of the people, by the people, and for the people" 
must have a power to make the laws, and at the same time a 
separate power to carry them out, or they will be of no value 
whatever. Yet before the laws can be enforced and applied, 
they must be properly understood; so there arises the need of 
a power which shall explain and interpret them uniformly. 
Indeed, in enacting the law, the legislative body may not have 
regarded the constitution or fundamental law of the State. 
In that case there must be some power higher than either the 
legislative or the executive power, able to declare it uncon- 

82 



THE STATE GOVERNMENT 83 

stitutional. This highest power of government, to determine 
the meaning and constitutionality of laws, belongs to the 
judicial department and finds its greatest exponent in the 
Supreme Court. 

The State Constitution. — The lawmaking power, as has 
been seen, has limits to its authority prescribed by a written 
document called the constitution. This is the highest law of 
the State. By its means the courts, the lawmaking power, and 
the executive are brought into the characteristic relations 
which mark our republican form of government. During its 
existence as a State, Pennsylvania has had four constitutions. 

The State constitution is in itself only a great law made 
directly by the people voting upon a draft submitted to them. 
The people in voting act as a primary body, just as if they 
were all summoned to meet in one place like the folkmotes of 
our forefathers. The enactment of our State constitution 
was an exercise of direct popular sovereignty. 

Other Features of State Government. — Besides the fea- 
tures of self-government already considered, — the constitu- 
tion and the three great departments, — the State has the 
other elements of legal independence which characterize all 
the States in the Union. These are : — a body of State laws; a 
system of local government, in counties, cities, townships, 
etc.; a system of State and local taxation; public debts 
($2,689,617.02 on December 1, 1908); and certain require- 
ments regarding suffrage and elections. The net State debt 
is only $47,085.91. 

QUESTIONS 

Describe the threefold division of governmental powers. 
How is the lawmaking power limited? The executive? The 
judicial power? 



84 PENNSYLVANIA 

What is a constitution? 

What are some of the other features of a government ? 

Why should not the judicial power be intrusted to the General 
Assembly or to the Governor? 

Why not vest the executive power as well as the legislative power 
in the General Assembly? 

Which is better, a written or an unwritten constitution? 

What effect does the separation of the powers of government into 
three distinct departments have upon the security of the rights of the 
people? 



CHAPTER IX 
THE LEGISLATURE 

Name and Composition. — The legislative power of the 
Commonwealth of Pennsylvania is vested in a General As- 
sembly, which consists of a senate and a house of representa- 
tives (28). The senate consists of fifty members, and the 
house of representatives of two hundred and seven. The 
laws of Pennsylvania are known as "Acts of Assembly," and 
not as statutes, as in some of the States. 

Districts. — The constitution prescribes that the State shall 
be divided into senatorial and representative districts, and 
defines the method of division. This apportionment of 
members shall be made immediately after each decennial 
census of the United States (45). The State is divided into 
fifty senatorial districts of compact and contiguous territory, 
and each district elects one senator. The ratio of senatorial 
representation is found by dividing the population of the 
State by fifty (43). Philadelphia has eight districts, Allegheny 
county has six, and Luzerne county has two. The members 
of the house of representatives are apportioned according to 
a ratio found by dividing the population of the State by two 
hundred. The county of Philadelphia has forty-one members 
in the lower branch of the General Assembly. Allegheny 
county has twenty-four. Each county is entitled to at least 
one representative (44). 

How Elected and When. — The members of the General 

85 



86 PENNSYLVANIA 

Assembly are chosen by the qualified voters (29) at the general 
election on the Tuesday next after the first Monday in Novem- 
ber in even-numbered years. The term of office of a senator 
is four years (30), and half of the senatbrs are chosen every 
even year; by which arrangement half the membership of 
the senate consists of senators of at least two years' experi- 
ence. Representatives are chosen every even year for a 
term of two years (30). The term of service of members 
of the General Assembly begins on the first day of Decem- 
ber next after their election (29). 

Eligibility. — Senators must be at least twenty-five years of 
age. They must have been citizens and residents of the State 
four years, and residents of their districts one year next be- 
fore their election — unless absent on the public business of the 
United States or of this State. During their terms of office 
they must continue to reside within their districts (32). Rep- 
resentatives must be at least twenty-one years old, and their 
other qualifications are the same as those of senators. No 
person holding an office under the State or National govern- 
ment can be a member of the General Assembly (33). No 
person convicted of embezzlement of public moneys, bribery, 
perjury, or other infamous crimes, is eligible to such member- 
ship (34). 

Sessions. — The General Assembly holds its regular ses- 
sions once in two years, beginning at twelve o'clock, noon, 
on the first Tuesday of January every odd year (31). The 
length of time for which the General Assembly shall sit is not 
fixed, but the regular session generally lasts five months. 
Special sessions are called only by the Governor (90). A 
special session of the senate alone may be called for the trans- 
action of executive business, such as the confirmation of the 
Governor's appointments; but the house of representatives 



THE LEGISLATURE 87 

cannot be assembled alone. Each house has its own chamber 
in the Capitol at Harrisburg. 

Salary. — Senators and representatives alike receive such 
salary and mileage, for regular and special sessions, as may be 
fixed by law, and no other compensation whatever for service 
on committee or otherwise (35). The law fixes the salary at 
$1,500 for a regular session, and $500 for a special session, 
regardless of the length- of either. The mileage is reckoned 
on the basis of the ordinary mail route to and from their 
homes, at the rate of twenty cents per mile. Additional com- 
pensation in the form of $100 worth of postage stamps and 
$50 worth of stationery is granted. 

Privileges of Members. — The members of the General 
Assembly, except in certain specified cases, are exempt from 
arrest during attendance at the sessions; and for any speech 
or debate in either house they shall not be held responsible in 
any other place (42). Thus legislation cannot be impeded by 
the device of arresting and imprisoning members of the 
Assembly. 

Organization of the Houses. — On the day fixed for the 
meeting of the General Assembly (31), the twenty-five sena- 
tors whose term of office has not expired and the twenty-five 
senators-elect meet in the senate chamber, and are called to 
order at twelve o'clock noon by the lieutenant governor of the 
Commonwealth, who by virtue of his office is the president of 
the senate (82). After the ceremonies with which the session 
opens, the newly elected senators take the oath of office 
prescribed by the constitution (132). A motion is then made 
that the senate proceed to the election of a president pro 
tempore (36). Nominations are made, the clerks call the roll 
of the senate, and each senator announces his choice by a 
viva voce vote (144). The next order of business is the elec- 



THE LEGISLATURE 89 

tion of the chief clerk and other officers, after which the 
senate is ready to proceed with any business which may be 
presented. 

The president pro tempore is the only officer that is a 
member of the senate. The other officers chosen are a chief 
clerk, journal clerk, reading clerk, message clerk, executive 
clerk, and four transcribing clerks; also a sergeant-at-arms 
and two assistants, who preserve order in the senate cham- 
ber, a chaplain, and a librarian. There are also doorkeepers, 
messengers, pages, and other assistants. 

The chief clerks, the sergeants-at-arms, and many of the 
other officers chosen by the houses, are by law authorized 
to return as such at the next regular meeting of the General 
Assembly. This assures continuity of organization. 

The house of representatives is organized in a manner 
similar to that in which the senate is organized. The chief 
clerk calls the house to order, and the secretary of the Com- 
monwealth presents the returns of the last election (96), and 
then retires. The returns are read, the roll is called, and the 
oath of office is administered by a judge of the supreme court 
or of a court of common pleas. The members then elect 
from their own number a presiding officer called the speaker 
(36). Clerks and other officers are then elected, after which 
the house is ready to consider any business which may be 
presented. The speaker is always a representative of the 
majority party, and appoints the committees. In this and in 
many other ways he is able to direct and influence legislation. 

Legislation. — The duty of the General Assembly is to 
make such laws as will promote the welfare of the people of 
the Commonwealth. These laws must not conflict with the 
Constitution of the United States, nor with that of the State, 
otherwise the courts will be sure to declare them unconstitu- 



90 PENNSYLVANIA 

tional, and therefore null and void. The fact that the General 
Assembly is composed of two separate houses gives the ad- 
vantage of checking hasty legislation. The General Assembly 
can legislate upon a great variety of subjects, yet there is 
manifestly in the minds of the people a certain jealousy of 
the legislative branch of government. Our State constitution 
devotes an entire article to limiting the power of the Legisla- 
ture (46-78). The passing of local or special laws is forbidden 
in many distinctly specified cases; nor is it possible to pass 
any local or special bill unless notice of the intention to apply 
therefor shall have been published in the locality particularly 
concerned at least thirty days before the introduction of the 
bill into the General Assembly (53). The purpose of such 
provision is to prevent the evils growing out of special legisla- 
tion. 

Every word in a written constitution is in effect a restric- 
tion of legislation; yet the limitations imposed by the State 
constitution and by that of the United States seem small 
enough when compared with the vast prerogatives of the 
State Legislature. It has been truly said that to enumerate 
the particulars of the vast range of power, and to detail its 
parts, would be to name all social and business relationships, 
and to examine the very foundations of law and order. 

Contests. — When any question is raised as to the quali- 
fication or election of a member, the house in which he claims 
a seat decides it, and there is no appeal from such deci- 
sion (36). 

Quorum. — A majority of each house constitutes a quorum, 
but a smaller number may adjourn from day to day and 
compel the attendance of absent members (37). 

Rules: Expulsions. — Each house determines its own rules 
of order and business, and has power to enforce obedience 



THE LEGISLATURE 91 

to its process (38). By a two-thirds vote it may expel a 
member, but not a second time for the same cause. 

The Journal. — Each house keeps a journal of its proceed- 
ings (39). Upon the demand of any two members, the vote 
on any question must be taken by yeas and nays, and be so 
entered upon the journal. It will be noted that on all ques- 
tions the members of General Assembly vote orally (144). 
The reasons for secret ballot do not apply, since the members 
vote in a representative capacity, and the constituents of each 
member have a right to know how he has discharged his duty. 
The proceedings are published from time to time, except 
such parts as require secrecy. The sessions of each house 
and of committees of the whole are open, unless the business 
is such as ought to be kept secret (40). Secret sessions of 
either house are very rare. 

Committees. — The enactment of laws is expedited by 
means of committees appointed at the beginning of the 
session, and the constitution expressly prescribes them (47). 
These committees are very numerous, and each has charge 
of some particular subject. They are called standing com- 
mittees because they continue throughout the session. Spe- 
cial committees are appointed to deal with any subjects 
which cannot readily be referred to any of the standing com- 
mittees. The committee system places every bill in the hands 
of a limited number of persons having special knowledge of 
the matter with which it deals. They investigate the subject, 
and report the result of their deliberations. Committees in 
the senate are appointed by the president pro tempore, and in 
the house of representatives by the speaker. 

Bills. — A proposed law, presented by a member in either 
house for consideration by the General Assembly, is called 
a bill. Bills may be altered, amended, or rejected by either 



9 2 PENNSYLVANIA 

house, but it is provided that no bill shall be so amended as 
to change its original purpose. No law can be passed except 
by biU (46). 

How the Laws are Made. — A bill may originate in 
either house — except a bill for raising revenue, which must 
originate in the house of representatives (59). The bill must 
then be referred to a committee, returned therefrom, and 
printed for the use of the members (47). It must be read in 
full on three different days in each house, amendments being 
made on second reading and the same printed for the use of 
members before the final vote after third reading is taken 
(49). The vote on its final passage must be taken by yeas 
and nays, and the names of the persons voting for and against 
the same must be entered on the journal. If a majority of the 
members elected to each house be recorded in its favor, the 
Legislature has passed the bill (49). If a bill originating in 
one house is amended or changed in any respect by the other 
house, it must be returned to the house in which it originated, 
and the amendment approved by a majority of all the mem- 
bers, voting by yeas and nays (50). 

When the bill has been passed by both houses, it is sent 
to the Governor (93). If he approves it, he signs it and the 
bill becomes a law; but if he does not approve it, he vetoes 
it — that is, he returns it with his objections, to the house in 
which it originated. The Legislature may upon reconsidera- 
tion pass such bill by a two-thirds vote in both houses, and it 
then becomes a law without the approval of the Governor. 
If he does not return a bill within ten days after it has been 
presented to him, it becomes a law, unless the General As- 
sembly, by adjournment, prevent its return. Under these 
circumstances, the Governor has thirty days in which to sign 
or veto all bills left in his hands. 



THE LEGISLATURE 93 

When the Governor is a Third House. — The only occasion 
on which the Governor is a part of the legislative power of the 
State is when he signs or vetoes a bill. Yet in ordinary times, 
this power, which is not executive but legislative, is his most 
important and considerable function. While exercising this 
power, the Governor is virtually in himself a third house. 

The Governor has thirty days after the General Assembly 
has adjourned in which to approve or disapprove (93) bills 
sent to him during the ten days immediately preceding the 
adjournment of the Legislature. During the last few days 
of the session a large part of the bills are passed finally, and 
this provision gives him time for their careful consideration. 

Election of U. S. Senators. — An important duty of the Gen- 
eral Assembly is the election of Senators representing the 
State in the Congress of the United States. The election is 
held in conformity with rules contained in a law, passed by 
Congress in 1866, making such elections uniform for the 
States. The Governor certifies to the election, under the 
seal of the State, and the certificate is countersigned by the 
secretary of the Commonwealth. 

The Power of Impeachment. — The house of representa- 
tives has the sole power of impeachment (128), but all im- 
peachments are tried by the senate (129). When sitting for 
that purpose, the senators are put upon oath or affirmation, 
and no person can be convicted without the concurrence of 
two thirds of the senators present. 

Powers Reserved to Each House. — It will be seen that the 
house of representatives has the sole power of impeachment, 
and of originating bills for raising revenue; while the senate 
has the sole power of confirming the Governor's appoint- 
ments (86), and of trying the cases of impeachment (129). 

Apportionment of the State. — The General Assembly has 



94 PENNSYLVANIA 

power to divide the State into senatorial and representa- 
tive districts for the election of State senators and members 
of the house of representatives (43-44), and into judicial 
districts (105) for the election of judges of the court of com- 
mon pleas and the orphans' court. 

By Act approved February 15, 1906, the number of mem- 
bers in the house of representatives was changed to two 
hundred and seven, and the State was reapportioned into 
representative districts as provided by the constitution (45). 
The purpose of the method therein set forth (44) is to pre- 
vent gerrymandering, and it is efficient except in the case of 
the larger counties and cities. The divisor, two hundred, 
used in finding the ratio, keeps the number of representa- 
tives close to that figure. 

In the further exercise of its legal powers, the General 
Assembly also divides the State into congressional districts 
for the election of Representatives in the Congress of the 
United States. By Act of July 11, 1901, the State is divided 
into thirty-two congressional districts, each electing one 
member of the House of Representatives in the Congress 
of the United States. 

When an Act Goes into Effect. — An Act of Assembly be- 
comes a law and goes into effect as soon as it has received 
the signatures of the proper officers required by law, unless 
some other time is fixed by a special section of the Act. This 
is sometimes, but not usually, inserted. 

Adjournment. — Each house adjourns from time to time 
without reference to the other, but may not adjourn for 
more than three days without the consent of the other (41). 
When the two houses cannot agree upon the time of ad- 
journment, the Governor may adjourn them to such time 
as he may think proper, not exceeding four months (90). 



THE LEGISLATURE 95 

QUESTIONS 

Describe the legislative power in Pennsylvania. 

Are the representatives in the General Assembly apportioned by 
counties? State the rule by which they are apportioned. 

How many State senatorial districts are there in this Common- 
wealth? In which senatorial district do you reside? 

In what respects do the legislatures of the several States resemble 
each other? Why? 

What name is given to the Legislature in Pennsylvania? What 
is the name given to the lower house ? 

What provision does the constitution make in respect to the num- 
ber of senators? How is the number of representatives determined? 
How many representatives at present? Is there any question as to 
the fairness of the apportionment? ("Gerrymandering.") How 
does the number of senators compare with the number of repre- 
sentatives? 

What are the qualifications, length of term, and salary of a State 
representative? Of a State senator? 

Where, when, and how often, does the General Assembly meet? 
Why is this time of year chosen? 

What are the qualifications of senators in Pennsylvania as to age, 
citizenship, and residence? What circumstances disqualify a person 
for membership? What are the qualifications of members of the 
house of representatives? What disqualifies? What is the salary of 
a senator? Of a representative? 

Describe the manner in which the two houses are organized on the 
first day of the session. How may disorder and disrespect be pun- 
ished? 

What are the powers of the General Assembly? 

In what way is the action of the lawmakers limited? What is 
meant by the term "lobbying"? 

What are the provisions of the Constitution and laws of the 
United States in regard to the election of Federal senators? 

Why should the lieutenant governor's right to vote in the senate 
be limited? 

By what authority is the State divided into congressional dis- 
tricts? 



g6 PENNSYLVANIA 

Upon what subjects may the Legislature of Pennsylvania pass 
laws? 

What prohibitions are placed upon the General Assembly by the 
State constitution? 

Name some of the subjects upon which the Legislature cannot 
pass special laws. 

How does a bill become a law? 

How are laws made ? Give an illustration. 

How could the location of the capital of the State be changed? 
Is it conveniently located ? 

In whose name are the laws of the State enacted ? 

Describe the process of impeachment in this State. 

Give the number of the senatorial district in which you live, and 
the name of your senator. 

What is the name of your representative ? What is the number of 
his district? 

State some powers which can be exercised only by the senate. 

Name some powers which are reserved to the house of representa- 
tives. 



CHAPTER X 
THE EXECUTIVE DEPARTMENT 

The Department. — The executive department of the State 
consists of a Governor, lieutenant-governor, secretary of 
the Commonwealth, attorney-general, auditor-general, State 
treasurer, secretary of internal affairs, and a superintend- 
ent of public instruction (79). 

The Governor. — The supreme executive power in the State 
is vested in the Governor, who is charged with duties of 
great variety and responsibility. He must take care that 
the laws are faithfully executed (80). The office of Gov- 
ernor is one of great power and dignity, and affords an 
opportunity for the display of character and talent. 

How and When Elected. — The Governor is chosen by 
the qualified electors of the State, on the day of the gen- 
eral election, at the places where they vote for members of 
the General Assembly (80). The election occurs on general 
election day. 

Returns of Election. — The returns of the votes cast for 
Governor, as they have been collected and counted by the 
proper officers of the several counties of the State, are sealed 
up and sent to the seat of government at Harrisburg, di- 
rected to the president of the senate, who opens and pub- 
lishes them in the presence of both houses of the General 
Assembly (80). 

Term and Eligibility. — The Governor is chosen for a 

Am. Cit. — 7 97 



98 PENNSYLVANIA 

term of four years from the third Tuesday of January next 
following his election, and is not eligible to the office for the 
next succeeding term (81). He must be a citizen of the 
United States, at least thirty years old, and for the seven 
years next preceding his election he must have been a resi- 
dent of Pennsylvania, unless he shall have been absent on 
the public business of the State or of the United States 

(83). 

Residence and Salary. — His business office is in the 
Executive Building, and official residence at the Governor's 
Mansion at Harrisburg. His salary is $10,000 per annum. 

Lieutenant Governor. — The lieutenant governor is chosen 
at the same time, in the same manner, and for the same 
term as the Governor. His qualifications are the same, 
and he is not eligible to his office for the next succeeding 
term (82). He is ex officio the president of the senate, but 
has no vote unless the senate is equally divided. While the 
office of lieutenant governor under ordinary circumstances 
is of small dignity, in its possibilities it is of the greatest im- 
portance. If the Governor dies, resigns, or for any reason be- 
comes unable to discharge his duties, the powers, duties, and 
emoluments of the office devolve upon the lieutenant gov- 
ernor (91). 

Must Hold no Other Office. — Xo member of Congress, 
or person holding any office under the United States or 
other office in this State can exercise the office of Governor 
or lieutenant governor (84). 

Commander in Chief. — The Governor is commander in 
chief of the army and navy of the Commonwealth, and of 
the militia, except when they are called into the actual service 
of the United States (85). 

Power to Appoint Officers. — He may nominate, and, by 



THE EXECUTIVE DEPARTMENT 99 

and with the advice and consent of two thirds of all the 
members of the senate (86), appoint a secretary of the 
Commonwealth and an attorney-general during pleasure, 
a superintendent of public instruction for four years, and 
such other officers of the Commonwealth as he is or may be 
authorized by the constitution or by law to appoint. 

Filling Vacancies. — If a vacancy happens in any office, 
and the law does not provide some other method for filling 
it, the Governor may appoint a person to fill the vacancy (86). 
Such appointment expires, in general, at the close of the next 
session of the General Assembly or at the next election day 
appropriate to that office. 

Reprieves and Pardons. — He has power to remit fines 
and forfeitures, to grant reprieves, commutations of sen- 
tence, and pardons (87) except in cases of impeachment, 
but no pardon can be granted nor sentence commuted, ex- 
cept upon the recommendation of the board of pardons. 

Fugitives from Justice. — The Governor may demand 
fugitives from justice from the executive of any other State 
or Territory; and issue warrants for the arrest of persons 
in this State upon the requisition of the governor of any 
other State or Territory. 

Information and Advice. — He may require information, in 
writing (88), from the officers of the executive department, 
upon any subject relating to the duties of their respective 
offices. 

Messages. — The Governor sends to the General Assem- 
bly, at the beginning of the session, a formal message re- 
porting the condition of the State, and recommending to 
their consideration such measures as he may judge expedi- 
ent (89). 

Extra Sessions. — The Governor has power to call the 



ioo PENNSYLVANIA 

senate together to transact executive business only; also to 
convene the General Assembly on extraordinary occasions. 
It is his duty, by message, to explain to both houses the rea- 
sons why he has thus called them together (90). 

Adjourning the Legislature. — In case of disagreement be- 
tween the two houses as to the time of adjournment, the Gov- 
ernor may declare the General Assembly adjourned to such 
time as he may think proper, not exceeding four months (90)0 

Order of Succession. — As we have seen, in case of the 
death, resignation, or other disability of the Governor, the 
duties of the office devolve (91) upon the lieutenant governor. 
In case of a vacancy in the office of lieutenant governor (92), 
the president pro tempore of the senate succeeds to that office, 
and in like manner may become Governor, should a vacancy 
or disability also occur in the office of governor. 

The Office of Governor never Vacant. — Careful provision 
is thus made that the Commonwealth be not at any time 
left without a responsible head. There is never a time when 
there is not some one to whom the people may look as chief 
magistrate. In cases of contested election, as under ordinary 
circumstances, the Governor and lieutenant governor exer- 
cise the duties of their respective offices until their successors 
are duly qualified (95). 

Contested Election. — The chief justice of the Supreme 
Court of the State presides upon the trial of any contested 
election of Governor or lieutenant governor, and decides all 
questions regarding the admissibility of evidence (95). 

The Veto Power. — All bills and concurrent resolutions, 
except for adjournment, must be submitted to the Governor 
for his approval (93). If he approves a bill he signs it, but if 
he does not approve it he returns it to the house in which it 
originated, with his objections. The General Assembly may, 



THE EXECUTIVE DEPARTMENT loi 

upon reconsideration, pass such bill by a two-thirds vote in 
both houses. The relations of the Governor to the General 
Assembly are most important, since the veto power gives him 
a great influence in legislation. Even although he cannot 
make legislation and a bill may become a law notwithstand- 
ing his veto, the share which the chief executive takes in 
actual legislation is very great. The use of the veto power is 
his most serious duty, and chiefly by his discharge of it is he 
judged. Few bills are ever passed over the Governor's veto. 
Many bills, at the time of the adjournment of the Legislature, 
are left unacted upon by him; concerning all such bills he has 
an absolute veto. A power almost analytic in its actual work- 
ing is that which enables him to disapprove of any item of a 
bill appropriating money, and to approve of other items of the 
same bill (94). This is a wise provision, enabling the Gov- 
ernor to cut out any objectionable appropriation without 
destroying the whole bill. It has also been decided by the 
Supreme Court of the State that the Governor has the right, 
under the State constitution, to reduce any item of an ap- 
propriation bill passed by the General Assembly. 

When Approval is not Necessary. — Resolutions for ad- 
journment need not be submitted to the Governor for his 
approval (71). The Supreme Court of the State has decided 
that article XVIII of the State constitution, providing for its 
future amendment, stands alone and provides all the ma- 
chinery that is necessary to be followed in the amendment 
thereof. The submission of amendments to the constitution 
to the Governor for his approval is therefore not necessary, 
although it has been done in many cases (207). 

Secretary of the Commonwealth. — This officer is appointed 
by the Governor and confirmed by the senate, and holds 
office at the pleasure of the chief executive of the State. He 



102 PENNSYLVANIA 

keeps a record of all the official acts and proceedings of the 
Governor, and furnishes information concerning the same 
to other officers and to the General Assembly. Other duties 
are enjoined upon him by law. He is the custodian of the 
copies of all laws, resolutions, etc., passed by the General 
Assembly; these and the veto messages of the Governor are 
prepared for publication under his supervision. He counter- 
signs all proclamations, appointments, and commissions 
issued by the Governor; and a record of them is kept in his 
office. He keeps a record of all death warrants, respites, 
commutations, and pardons; he has charge of the official 
bonds of all officers and notaries public commissioned by the 
Governor. Records of incorporation, proceedings of corpora- 
tions, their charters, changes of name, changes in capital 
stock, etc., are under his care. He is the custodian of elec- 
tion returns of all National, State, and county officers who 
receive executive commissions; and he compiles and publishes 
the returns of the State elections. 

The secretary of the Commonwealth is the keeper of the 
great seal of the State. He. affixes it to all such documents 
as the law requires; and countersigns them. His salary is 
$8,000 per annum. Fees being no longer a part of his salary, 
he is required to pay into the State treasury all percentages, 
fees, and commissions received by him by virtue of his office 
as secretary of the Commonwealth. 

The secretary of the Commonwealth is the head of the 
department of state, and the agent of official communica- 
tion between Pennsylvania and other States and the United 
States. 

Secretary of Internal Affairs. — The secretary of inter- 
nal affairs is elected by the people, and serves for a term of 
four years (99). He exercises all the powers and performs 



THE EXECUTIVE DEPARTMENT 103 

all the duties formerly assigned to the surveyor general (97), 
subject to some changes made by law. According to the 
constitution, his department embraces a bureau of indus- 
trial statistics, and he must discharge such duties relating 
to corporations, charitable institutions, and the agricultural, 
manufacturing, mining, mineral, timber, and other material 
or business interests of the State as may be prescribed by 
law. The department as organized at present consists of 
five bureaus: land office and boundary lines; assessments 
and taxes; industrial statistics; mines and mining; and rail- 
roads, canals, telegraphs, and telephones. The secretary 
collects through these various bureaus information of great 
importance concerning the relations between capital and 
labor, wages, processes of manufacture, value of products, 
condition of the laboring classes, etc. These facts, together 
with his views and recommendations, are set forth in his re- 
ports to the General Assembly. 

Superintendent of Public Instruction. — The educational 
interests of the State are represented in the executive de- 
partment by the superintendent of public instruction, who 
exercises general supervision of the system of public educa- 
tion (98). He commissions county, city, and borough super- 
intendents of common schools, appoints and commissions 
the State trustees of the State normal schools, conducts the 
annual examinations of students in such schools, and ap- 
points the State board of examiners. He makes an annual 
report to the Governor, and his reports exercise considerable 
influence upon legislation on educational matters. Although 
appointed by the Governor for a term of four years, the 
State superintendent of public instruction can be removed 
only by impeachment. 

Attorney-General. — The attorney-general is appointed by 



104 PENNSYLVANIA 

the Governor, and is the legal adviser and advocate of the 
State (86). His duties are increasing from year to year. 
He advises the Governor and other State officers on ques- 
tions of law and of public interest whenever such questions 
are submitted to him for an expression of his opinion. Many 
of his duties relate to the finances of the State, and a large 
part of his work consists of the collection of delinquent claims 
certified to him by the auditor-general. He has access in the 
course of his business to the books, papers, and documents 
in the offices of the auditor-general and State treasurer. He 
may proceed by law against any corporation that refuses to 
submit its affairs to examination by the proper officers, or 
violates any law binding upon it. In the course of his duty, 
he represents the Commonwealth in all appeals taken by 
corporations in the settlement of taxes. Through the courts 
he can proceed to force certain officers to perform their 
official duties. He submits to the Legislature reports of the 
official business transacted in his office. The attorney- 
general is a member of the board of pardons (87), the board 
of property and accounts, and of other important boards. 
His salary, $12,000, is one of the largest paid to State officers; 
and the breadth of the duties of the office requires that he be 
a lawyer of pronounced ability. 

Auditor- General. — The auditor-general is elected for a 
term of four years, and is not eligible to the office for the 
next succeeding term (99). He makes an annual examina- 
tion of the condition of the State treasury, including the 
treasurer's accounts, and all banks, corporations, etc., hav- 
ing deposits of the public funds. He examines and settles 
all accounts between the Commonwealth and other parties. 
The auditor-general has extensive powers to examine ac- 
counts, summon witnesses, and examine them under oath 



THE EXECUTIVE DEPARTMENT 105 

if necessary. All warrants upon the State treasury are 
drawn by the auditor-general, except those drawn by the 
Governor; and such must be countersigned by the auditor- 
general. The books and papers of the treasurer's office are 
open to the inspection of the auditor-general. 

State Treasurer. — The State treasurer is elected for a 
term of four years, and is not eligible to the office for the 
next succeeding term . (99). He receives all money paid 
into the State treasury, and issues receipts therefor, which 
the auditor-general countersigns and registers. He pays 
all warrants drawn by the proper officers. He gives bond 
in the sum of $500,000 for the faithful performance of his 
duties. He makes an annual detailed report to the Legis- 
lature of the receipts and expenditures of the preceding 
year, ending November 30, and at the commencement of 
each session makes a financial report to the General Assem- 
bly. On the first business day of each month he renders a 
statement of account to the auditor-general, giving in detail 
the sums which make up the grand total of the amounts for 
that day in the State treasury, including moneys appropri- 
ated to the sinking fund. It also includes the names of banks 
and trust companies with which public funds are deposited, 
and sets forth under oath the amounts of such deposits. 

Secretary of Agriculture. — This officer is appointed by 
the Governor and confirmed by the senate for a term of four 
years. The creation of the office was due to the magnitude 
of the interests formerly intrusted to the State board of 
agriculture. The object of the office which he fills is to 
promote agriculture, horticulture, forestry, and kindred in- 
dustries. His principal duties are to collect and publish in- 
formation relating to many subjects, such as the adaptability 
of grains, grasses and other crops to the soil and climate of 



io6 



PENNSYLVANIA 



the State; wool growing and stock raising; diseases of do- 
mestic animals; methods and rates of transportation; valua- 
tion and taxation of farm lands; and all topics relating to the 
general agriculture of the State. Through his subordinates 
he is charged with the management of farmers' institutes; 
the enforcement of laws relating to the adulteration of food 
products and fertilizers; and the care and protection of forests 
against fire and other depredations. 

By virtue of his office he is secretary of the board of agri- 
culture. He has four assistants: the director of farmers' 
institutes, the dairy and food commissioner, the State vet- 
erinarian, and an economic zoologist. 





The Great Seal of Pennsylvania 



The Great Seal. — The State provides for the use of its 
executive a seal called the great seal of Pennsylvania. In 
effect this seal is an instrument whereby the name and 
emblem of the State may be impressed upon the paper or 
other material upon which the official document is written. 
All commissions are issued in the name and by the authority 
of the Commonwealth of Pennsylvania, are signed by the 
Governor, and sealed with the great seal of the State (ioo). 



THE EXECUTIVE DEPARTMENT 107 

QUESTIONS 

How are the executive functions of the State of Pennsylvania dis- 
tributed ? Name some of trie administrative officers of this State. 

What are the powers and duties of the Governor? Of the lieuten- 
ant governor? 

Does Pennsylvania give much or little power to the Governor? 

Which of the executive officers are elected by the people ? 

What are some of the powers and duties of the secretary of the 
Commonwealth? Of the "State treasurer? Of the secretary of in- 
ternal affairs? Of the attorney-general? Of the superintendent 
of public instruction? Of the auditor-general? Of the adjutant 
general? Of the secretary of agriculture? 

Which State officers in Pennsylvania are appointed by the Gov- 
ernor, by and with the consent of the State senate? 

Is the pardoning power an executive or a judicial function? In 
whom is it vested? 

Tell all you know about the board of pardons. 

In case the Governor is not chosen in the regular way, what provi- 
sion is made for the selection of such officer? 

How may the Governor's veto be overcome? 

Name the State officers you have seen. What is meant by saying 
that the Governor executes the law ? Have you ever read a message 
of the Governor? A proclamation by the same State officer? 

If the State superintendent of public instruction wants informa- 
tion on some point of school law, to whom should he appeal? 

How many senators and representatives would it take to pass a 
bill over the Governor's veto ? 

How are the expenses of the State government met ? 

What is the law of succession to the Governor's office? 



CHAPTER XI 
OTHER STATE OFFICERS: STATE BOARDS 

How Appointed: Names. — Many other offices have been 
created by law and are filled through appointment by the 
Governor, with the advice and consent of the senate. The 
most important of these officers are: — adjutant general, 
State librarian, factory inspector, superintendent of public 
grounds and buildings, superintendent of public printing 
and binding, commissioner of health, commissioner of bank- 
ing, insurance commissioner, highway commissioner, com- 
missioner of forestry, commissioner of fisheries, chief of the 
department of mines, and mine inspectors. 

The chief duties of these officers are, perhaps, sufficiently 
explained by their official titles. A few facts in regard to 
some of the special duties are here given. 

Adjutant General. — This officer is the Governor's chief 
of staff, and his military executive officer. He is the chief 
inspector of the National Guard of the State, and is the 
keeper of the military records of the Commonwealth. He 
has charge of all the battle flags belonging to the State, and 
is also custodian of the war records and muster rolls. He is 
a member of the State military board. 

Militia and the National Guard. — All male citizens of the 
State between the ages of eighteen and forty-five years, ex- 
cept such as are by law exempt from such service, constitute 
the militia of the State. The term National Guard is ap- 

108 



OTHER STATE OFFICERS 109 

plied to such part of this body of men as are organized, drilled, 
and under arms. In time of war such troops often form an 
important part of the volunteers mustered into the service 
of the United States. As at present organized, the National 
Guard of Pennsylvania consists of one division composed of 
three brigades. The commanding officers are a major gen- 
eral and three brigadier generals. The State has about ten 
thousand officers and men in the National Guard, while the 
militia number close to a million men. The State constitution 
directs that the freemen of the Commonwealth be armed, or- 
ganized, and disciplined for its defense when, and in such 
manner as the laws may direct. The General Assembly shall 
provide for maintaining the militia by appropriations from the 
treasury, and may exempt from military service persons hav- 
ing conscientious scruples against bearing arms (167). 

State Librarian. — This official has principal charge of 
the State library. He must be a person of known literary 
and bibliographic attainments. He receives two hundred 
copies of each of the public documents of the Common- 
wealth, and is required to maintain a system of exchange 
with other States, and with such foreign countries as grant 
an international exchange to the reciprocal advantage of all 
concerned. 

The State library at present contains about 120,000 
volumes divided into three classes: State papers, law, mis- 
cellaneous works. Each department is quite general and 
complete. 

Factory Inspector. — The factory inspector has for his 
duties the enforcement of the Acts of the General Assem- 
bly relating to the health and safety of women and children 
employed in mercantile industries and manufacturing estab- 
lishments. He sees that no minors are employed at labor 



no PENNSYLVANIA 

in such places more than sixty hours in any week; that no 
child under thirteen years is employed in such establish- 
ments at all; that all machinery, belts, pulleys, and shafts 
are properly guarded; that all sanitary arrangements are 
suitable; that means of escape in case of fire are sufficient; 
and that overcrowding and nonventilation of workrooms are 
prevented. 

Superintendent of Public Grounds and Buildings. — This 
official has charge of the Capitol buildings and grounds. 
He sees that all repairs and improvements are properly 
made, and employs the laborers required. He enforces good 
order in the buildings and on the grounds, by means of the 
Capitol police, of which force he has immediate charge. 
He is appointed for a term of four years, and is the executive 
officer of the board of public grounds and buildings. 

Superintendent of Public Printing and Binding. — In order 
that the various reports and other public documents may 
be made serviceable, the State undertakes the printing and 
binding of such material. It is the duty of the superintendent 
to receive and take charge of all reports made to the Governor 
by the heads of departments, have the same printed by the 
State printer and delivered to the departments. He also ar- 
ranges all matter ordered to be printed by the General As- 
sembly, and supervises the printing of the same. He makes 
an annual report to the Governor. 

Commissioner of Banking. — This State officer is ap- 
pointed by the Governor for a term of four years, and by 
the faithful discharge of his duties is able to secure the pub- 
lic against losses through the operations of banking institu- 
tions not under the inspection and control of the National 
government. He has charge of the faithful execution of all 
laws relating to banks, banking companies, safe deposit, 



OTHER STATE OFFICERS III 

trust, real estate, guarantee, and surety companies, and all 
other corporations receiving money on deposit, and incor- 
porated under the laws of the State. He must not be in- 
terested as officer or stockholder in any corporation subject 
to his supervision; the same restriction applies to his deputy. 
Every corporation subject to the supervision of the commis- 
sioner of banking must make at least two reports of its fi- 
nancial condition during each year. A summary of each 
report must be published at least three times in a local news- 
paper. 

Commissioner of Insurance.— It is the duty of the in- 
surance commissioner to see that the laws relating to insur- 
ance are faithfully executed. Each insurance company doing 
business within the State must file with the commissioner a 
copy of its charter, and an annual statement of its financial 
condition verified by the officers of the company. In addition 
to the requirements named above, companies from other 
States and countries must obtain from the commissioner 
certificates granting permission to do business in the State 
(186). 

Department of Forestry. — This department was created 
by an Act approved February 25, 1901, and has for its pur- 
pose the purchase and care of lands constituting State forestry 
reservations. Some of the duties which devolve upon the 
commissioner of forestry and his department are the selec- 
tion and purchase of suitable lands for timber culture and 
protection; the establishing of a scientific system of forestry 
upon them whenever public sentiment shall approve of the 
necessary expenditures; the promotion and encouragement 
of care in the treatment of the forests of the State; and the 
publishing of information regarding the extent and condi- 
tion of the forest lands in the State. 



112 PENNSYLVANIA 

The commissioner is appointed by the Governor for a 
term of four years, and receives a salary of $3,000. 

Department of Mines: Mine Inspectors. — The depart- 
ment of mines has superseded the bureau of mines and 
mining of the department of internal affairs. It is charged 
with the supervision of the execution of the mining laws of 
the State, and the publication and care of the annual re- 
ports of the mine inspectors. The chief of the department of 
mines is appointed by the Governor for the term of four 
years. He must have at least ten years' practical experience 
as a miner and the qualifications of a mine inspector. 

The mine inspectors of the State are practical coal miners 
to whom the duty of inspecting the various mines of anthra- 
cite and bituminous coal is assigned. They must see that 
proper precautions are taken for the safety of the workmen, 
and that the laws regulating the manner of operating the 
mines are enforced. In the anthracite coal fields the mine 
inspectors are elected by the voters of each great coal district, 
and there are three boards charged with the duty of passing 
upon the qualifications of the candidates. Each board con- 
sists of two mining engineers and three coal miners, ap- 
pointed for this duty in the three great districts of the an- 
thracite region by certain judges of the courts of common 
pleas. In the bituminous region the Governor appoints the 
examining board, and selects the inspectors from certified 
lists presented by the examiners. The anthracite region and 
the bituminous region are each divided into twenty subordi- 
nate districts with an inspector for each. 

Inspectors in the anthracite region are elected for three 
years, while those in the bituminous region hold office dur- 
ing four years. Each inspector must reside in the district 
for which he is appointed. 



OTHER STATE OFFICERS 113 

Commissioner of Health. — The department of health takes 
the place of the former State board of health, but the powers 
are greatly increased. The management is in the hands of 
the commissioner of health and an advisory board. The 
commissioner must be a physician of at least ten years' pro- 
fessional experience, and a graduate of a legally constituted 
medical college. He is appointed by the Governor for a 
term of four years, and by virtue of his office is a member 
of several important boards. 

Executive Boards and Commissions. — There are many 
boards and commissions charged with important duties 
indicated sufficiently by the names given. 

1. BOARD OF PARDONS 

Lieutenant Governor 

Secretary of the Commonwealth 

Attorney-General 

Secretary of Internal Affairs 

2. BOARD OF PROPERTY 

Secretary of Internal Affairs 

Attorney-General 

Secretary of the Commonwealth 

3. STATE BOARD OF AGRICULTURE 

Governor 

Secretary of Internal Affairs 

Superintendent of Public Instruction 

Auditor-General 

Secretary of Agriculture 

President of State College 

Other members are either appointed by the Governor 

or State Poultry Association, or elected by the various 

county agricultural societies. 

Am. Cit. — 8 



1 14 PENNS YLVANIA 

4. TRUSTEES OF STATE LIBRARY 

Governor 

Secretary of the Commonwealth 

Attorney-General 

5. STATE MILITARY BOARD 

Adjutant General 
Auditor-General 
State Treasurer 

6. BOARD OF REVENUE COMMISSIONERS 

Auditor-General 

State Treasurer 

Secretary of the Commonwealth 

7. COMMISSIONERS OF THE SINKING FUND 

Secretary of the Commonwealth 
Auditor-General 
State Treasurer 

8. MEDICAL COUNCIL 

Lieutenant Governor 

Attorney-General 

Secretary of Internal Affairs 

Superintendent of Public Instruction 

Presidents of the Boards of Medical Examiners 

Commissioner of Health 

9. COLLEGE AND UNIVERSITY COUNCIL 

Governor 

Attorney-General 

Superintendent of Public Instruction 

Other members representing the Universities, Colleges, 

School Superintendents, and Normal Schools of the State. 

Notary Public. — A notary public is a State officer whose 
chief duty is to attest or certify deeds, agreements, and other 



OTHER STATE OFFICERS 115 

documents, usually under his official seal, to make them 
authentic. Such seal is judicially recognized all over the 
world. He also administers oaths, protests negotiable notes, 
and takes depositions and affidavits. 

The law provides that the Governor shall appoint and 
commission a sufficient number of persons of known good 
character, integrity, and ability as notaries public for the 
Commonwealth of Pennsylvania. The term of office is 
four years. 

The salary of a notary public consists of fees fixed by 
law. He must pay twenty-five dollars to the State treasurer 
before a commission as notary public can be received. 

Salaries of State Officers. — The salaries of some officers 
are here given. 

Governor $10,000 

Lieutenant Governor 5,000 

Secretary of the Commonwealth 8,000 

Attorney-General 12,000 

Auditor-General 8,000 

Treasurer 8,000 

Secretary of Internal Affairs 8,000 

Superintendent of Public Instruction 5,ooo 

Adjutant General 4,000 

Secretary of Agriculture 3,500 

Commissioner of Banking 6,000 

Commissioner of Fisheries . 3,000 

Commissioner of Forestry 3,000 

Highway Commissioner 6,500 

Insurance Commissioner . . 6,000 

Dairy and Food Commissioner 2,500 

Private Secretary to the Governor 2,500 

State Librarian , . . 2,500 

Commissioner of Health 10,000 

State Veterinarian . . . . 2,500 

Secretary of Committee on Lunacy 3,000 



Ii6 PENNSYLVANIA 

Factory Inspector $5,000 

General Agent of Board of Charities 3,000 

Economic Zoologist 2,500 

Superintendent of Grounds and Buildings 5, 000 

Superintendent of Printing 3,000 

Superintendent of State Police 3,000 

Chief of the Department of Mines 4,000 

Mine Inspectors 3,000 

Certain officers receive extra compensation through ad- 
ditional duties which by law devolve upon their offices. 
Thus the lieutenant governor really receives $5,500, the 
secretary of the Commonwealth, $9,100, the auditor-general 
$9,200, the State treasurer $9,200, the adjutant general 
$4,600, and the secretary of internal affairs $8,500. Mem- 
bers of the Legislature are paid only every alternate year, 
since sessions come but once in two years. 



QUESTIONS 

What are the duties of the adjutant general? Of the State libra- 
rian? Of the commissioner of banking? Of the commissioner 
of insurance ? Of mine inspectors ? Of the commissioner of health ? 

State some of the salaries paid to various executive officers. 

Why should the Governor be a member of so many State boards? 

Why should the people elect the auditor-general and the State 
treasurer? 

Why should the senate's confirmation of the Governor's nomina- 
tions be required? 

Show that the county superintendent is also one of the executive 
officers of the State. 

Name some of the other officers of the State executive department 
not mentioned in Chapter X. 

What services has the militia of the State rendered in recent years? 

What are the duties of the department of health in this State ? 



OTHER STATE OFFICERS 



117 



What provision does the State make for the defective classes? 

To what grade of government has the charitable function been 
assigned in this country ? 

In what instances has the militia of Pennsylvania been called into 
the National service? 

State the general duties of the attorney-general of this State; his 
term of office. 

Where are some of the institutions for the care of the defective 
classes located? 

Fill out the following scheme for the executive department of Penn- 
sylvania : 



Officer 


Name 


Elected 

or 
App'n'd 


Term 


Salary 


Duties 


Governor 












Lieut. 

Governor 












Sec. of the 
Com'n'lth 












Sec. of In- 
ternal Aff. 












Treasurer 












Auditor- 
General 












Attorney - 
General 












Supt. Pub- 
lic Instrc. 












Sec. of Ag- 
riculture 













CHAPTER XH 
THE JUDICIARY (I) 

The Judicial Power. — The judiciary is that branch of 
government in which the judicial power is vested. Its busi- 
ness is to determine what the law is; to apply it to cases 
where persons make conflicting claims to rights; to deter- 
mine whether the law has been broken by persons accused 
of crime; to pronounce sentence upon such persons as have 
been found guilty and fix the measure of damage and punish- 
ment; and to order that the decisions be carried into effect. 

Courts of Justice. — Without some power designed to de- 
cide disputes, to award justice, and to punish crime accord- 
ing to the laws of the State, government would be very 
imperfect, and could not long exist. If every man were his 
own judge in case of supposed injury, and were allowed to 
redress his own wrongs, the rights of others would be en- 
dangered. Justice is best secured to all by the estabhshing 
of courts of justice, or bodies of persons assembled by the 
authority of law for the administration of justice. In order 
that no person may suffer unjustly, it is provided that every 
person charged with crime or any other wrong, is entitled to 
a fair and impartial trial. In the eyes of the law a person is 
entitled to be considered innocent until conclusively proved 
to be guilty. 

Trial by Jury. — The administration of justice in the 
courts of law is not left entirely to justices and judges. 

118 



THE JUDICIARY 119 

Trial by jury has been for centuries one of the most jealously 
guarded rights of the people. This is the great guarantee of 
a just decision as to facts. The Magna Charta, wrung from 
the unwilling hands of King John at Runnymede in 1215, 
dealt with the rights of the English people at large: their 
right to good government, their right to security of person 
and property, their right to justice. One memorable article 
that lies at the base of the whole judicial system reads : ' ' No 
freeman shall be taken, or imprisoned, or disseized, or out- 
lawed, or banished, or any ways destroyed; nor will we pass 
upon him, nor will we send upon him, unless by the lawful 
judgment of his peers or by the law of the land" (10). Es- 
tablished here by our ancestors, this right of trial by one's 
peers has come to mean a trial by an impartial jury. The 
State constitution (7) says that trial by jury shall be as here- 
tofore, and the right thereof remain inviolate. 

The Jury. — A jury is a number of men qualified and 
selected as the law prescribes, and sworn to decide what are 
the facts in any case, and to declare the truth on the evidence 
given. It renders its verdict, after hearing the evidence of 
the witnesses. The term verdict is from verum dictum, "a 
true saying." A jury trial is of less importance as a guar- 
antee that justice will be done in civil cases than in criminal 
cases where life and liberty are imperiled; so the constitu- 
tion (127) allows the parties to a civil suit to dispense with 
trial by jury, and submit the decision to the court having 
jurisdiction. By the court is meant the judge or judges 
conducting the trial. The judgment rendered is subject to 
writ of error, as in other cases. 

The law provides for two kinds of juries, the grand jury 
and the petit jury. 

The Grand Jury. — In criminal cases the law takes spe- 



120 PENNSYLVANIA 

cial precautions lest innocent persons should suffer wrong. 
The grand jury may indict the accused person; if this is 
done, a petit jury tries him. The grand jury deals only 
with criminal cases, and decides which of these shall be 
brought before the court. The grand jury consists of twenty- 
three men from a panel of twenty-four summoned for duty. 
The court appoints one juror as foreman; and excuses one 
juror to avoid ties. The judge, on impaneling a grand jury, 
charges it to inquire into the offenses against the laws of the 
State, and to report its findings. By means of a preliminary 
hearing of evidence presented by the Commonwealth, that 
is, the evidence against the accused, the grand jury deter- 
mines whether the persons arraigned for crimes on suspicion 
shall be tried or dismissed without trial. The jury sessions 
are secret, no one but the district attorney and witnesses 
being allowed to be present at its sessions. Only one witness 
against the accused is allowed before the grand jury at one 
time. The mode of procedure is very deliberate, and the 
jury must first decide that a crime has in all probability 
been committed. If a case is made out against the accused, 
the foreman indorses the bill of indictment, and it becomes 
"A true bill." If not already arrested, the person named 
is taken into custody. When the evidence is not judged 
sufficient to warrant trial, the bill is indorsed "Not a true 
bill," and the accused, if already arrested, is released. 
Twelve members of the grand jury must concur in any in- 
dictment found. Sometimes a written accusation is pre- 
sented by the grand jury upon its own motion, that is, 
without waiting for a bill to be framed and presented by the 
district attorney. Such a formal accusation is called a 
presentment. There are three ways in which one suspected 
of crime may be accused formally of the offense: by in- 



THE JUDICIARY 121 

formation, by indictment by a grand jury, and by present- 
ment. The information is a written accusation, presented 
under oath by a prosecutor, to the court having jurisdiction 
of the offense charged therein. It is the form of accusa- 
tion used in cases of small magnitude, although in some 
States it is used almost to the exclusion of every other. 

Certain duties of a supervisory nature are performed by 
the grand jury; these are the annual inspection of the prison, 
poorhouse, courthouse, and other public buildings of the 
county, and the approval of the location of county bridges. 

The grand jury does not try cases, but merely makes in- 
quiry into them. Why, then, is it necessary to the course 
of justice? The grand jury is instituted to protect inno- 
cent persons from the trouble and expense of defending 
themselves in court against false accusations. It has been 
claimed that this protection is not always afforded; yet 
grand juries do not often indict persons unless there is 
strong possibility of the accused being found guilty on trial. 
The fifth amendment to the Constitution of the United 
States expressly provides for the institution of grand juries. 
See also (11) in the State constitution. 

The Petit Jury. — This is the jury which is to discover 
and pass upon the facts in a case at law. In any single case 
in law it consists of twelve men, all of whom must agree in 
a verdict. After hearing the evidence, the pleas of the at- 
torneys, and lastly the charge of the judge, the jury retires 
to a room and makes up its verdict without consultation 
with any person but the judge. In criminal cases the verdict 
is "Guilty" or "Not guilty"; and in cases of misdemeanor 
where the verdict is "Not guilty" the costs may be placed 
upon the defendant, the prosecutor, or the county, or they 
may be divided in such manner as the jury may deem proper. 



122 PENNSYLVANIA 

If the jury cannot agree upon a verdict, it is called a "hung" 
jury, and a new trial before a different jury must be ordered. 

In civil cases the mode of procedure is very similar. Ver- 
dicts take the form "For the plaintiff," or "For the defend- 
ant." In those cases wherein damages are awarded the jury 
fixes the amount. 

Drawing the Jury Panels. — The manner of selecting the 
grand and petit jurors is prescribed by law. The jury com- 
missioners of each county, and the president judge of the 
district, or the associate judge of the county if not a dis- 
trict by itself, meet at the county seat at least thirty days 
before the first term of the court of common pleas each year 
and select alternately from the list of qualified voters a cer- 
tain number of names. These are written on slips of paper 
and locked up in the jury wheel, the key being given to the 
sheriff. On an order, issued by the prothonotary to the 
sheriff and jury commissioners before any term of the court 
of common pleas, the names of the number of persons who 
are to serve as jurors are drawn from the jury wheel. The 
number of petit jurors drawn is usually from forty to sixty. 
The persons are then summoned by the sheriff to appear 
in court, and the panel of names is returned to the prothon- 
otary. 

In a similar manner the clerk of the court of quarter ses- 
sions and of the court of oyer and terminer, under the direc- 
tion of the courts, issues a writ to the sheriff and the jury 
commissioners to draw and summon a grand jury, and also 
petit jurors to act in such cases as are to be brought before 
these courts. 

A juryman receives compensation at the rate of two dol- 
lars a day during the time of his service. 

Selecting the Jury for a Case. — In selecting the twelve 



THE JUDICIARY 123 

jurors for a particular case, either side may object to a juror 
if he has already made up his mind, or is strongly predis- 
posed, or is related to the accused, or, in cases of murder, if he 
disapproves of the death penalty in case of conviction. Such 
objections to jurors are called challenges. Besides challenges 
for cause, each side is allowed a certain number of peremptory 
challenges for which no grounds need be stated. 

Employing Counsel: Witnesses. — It is usual for a man 
who is involved as a litigant to employ a lawyer to manage 
the case before the court, although it is lawful for any one to 
plead his own cause. After the selection of the jury by the 
counsel for the defendant and the counsel for the plaintiff 
or the prosecution, the witnesses are examined and cross- 
examined. The counsel on each side examines the witnesses 
that he brings in behalf of his client, and cross-examines 
those brought to the witness stand by the other side. After 
the evidence is all in, the counsel for the plaintiff or the prose- 
cution presents his side of the case to judge and jury in an 
address called an argument. The counsel for the defense 
follows. The judge's charge to the jury sums up briefly the 
history of the case as presented in court, and instructs the 
jurors as to the law applied to the case before them. It will 
be seen that the judge's charge is a very important element 
in the determination of the verdict. The jury may return 
to the judge for further instruction upon any points in re- 
gard to which they may be in doubt. 

Witnesses are summoned to appear in court by a legal 
writ called a subpoena — that is, "under a penalty" in case 
of disobedience or contempt. In all criminal prosecutions, 
the accused has the right to have compulsory process for 
obtaining witnesses in his favor (10). 

The Appeal. — If the defeated person in a suit still thinks 



124 PENNSYLVANIA 

that he has a good case, or that errors have been made in the 
trial, he may through his counsel apply for a new trial. If 
this is granted, it proceeds before a new jury in the same 
manner as the first trial. If a new trial is refused, he may 
appeal to a higher court. The Supreme Court is the highest 
State court to which any citizen can appeal. 

In a criminal case, if the verdict be "Not guilty," the 
prisoner is at once released. The State has no right of ap- 
peal. 

Judgment and Sentence. — When the verdict of the jury has 
been given, the decision of the court soon follows. In a 
civil case this is called the judgment, and in a criminal case 
the sentence. The person obtaining a judgment may cause the 
personal property and, if necessary, the real property of the 
adjudged person to be seized and sold by the sheriff to 
the amount of the judgment obtained. If found guilty in a 
criminal case, the person is sentenced to undergo the penalty 
of the law. A prisoner may appeal to the Governor for par- 
don, or respite, or commutation of sentence. The carrying 
out of the sentence imposed is the execution. The term is 
applied to the lawful infliction of the death penalty; but it is 
also lawfully employed to name the writ empowering an 
officer to carry any judgment into effect. 

QUESTIONS 

What great right of the people has been jealously guarded? 

Why is one jury called the grand jury, the other the petit jury? 

Why make use of a wheel in drawing a jury panel? 

What is meant by subpoenaing a witness? 

How is a petit jury selected? 

Why is there such a thing as a peremptory challenge of a juror? 



CHAPTER XIII 
THE JUDICIARY (II) 

Wherein the Judicial Power is Vested. — The judicial 
power of the Commonwealth is vested (101) in a supreme 
court, a superior court, in courts of common pleas, courts of 
oyer and terminer and general jail delivery, courts of quarter 
sessions of the peace, orphans' courts, magistrates' courts, 
and in such other courts as the General Assembly may from 
time to time establish. The superior court named in order 
above was established by the General Assembly in 1895 
through the exercise of the power conferred by the constitu- 
tion. 

Jurisdiction Defined. — In its most general sense, jurisdic- 
tion is the power to make, declare, or apply the law. It may 
be limited to place or territory, to persons, or to particular 
subjects. When used in regard to the judiciary department, 
it means the judicial authority over a cause or class of causes. 
It is the legal power, right, or authority of a particular court 
to hear and determine causes, to try criminals, or to execute 
justice. A court of justice is said to have original jurisdiction 
when a case may be begun or originated in that court. The 
decision or judgment of any court of justice, except the high- 
est in the system, is not necessarily final. Many cases tried 
in the lower courts, as courts of original jurisdiction, may be 
appealed to the higher courts for reconsideration. The higher 
courts, under such circumstances, arc said to exercise appel- 

125 



126 PENNSYLVANIA 

late jurisdiction, the case being brought to the higher court 
by appeal. The law defines the grade of court or courts in 
which a case may originate; and also determines whether or 
not a case may be appealed to a higher court. The law pro- 
vides that some classes of cases may originate in either of 
two grades of courts. Such courts are said to have concurrent 
jurisdiction. 

Justices* Courts. — The courts of lowest grade in jurisdic- 
tion and simplest in procedure are the justices' courts, presided 
over by justices of the peace, burgesses, aldermen, magis- 
trates, and mayors. These courts are discussed at length 
under their respective headings: township, borough, and city 
governments. 

County Courts. — Counties were organized from the first 
on the general plan of judicial districts, although each county 
is not necessarily a separate district; yet each county has its 
own courts. Under the laws of the Commonwealth, the 
county courts have wide original jurisdiction over nearly all 
civil and criminal cases that arise in the course of the affairs 
of life. Their appellate jurisdiction extends over the greater 
part of the petty cases over which the justices' courts exercise 
original jurisdiction. 

Courts of common pleas, of quarter sessions of the peace, 
of oyer and terminer and general jail delivery, and orphans' 
courts, are held regularly in each county seat, and are con- 
ducted in large part by county officers. The court of com- 
mon pleas exercises jurisdiction in all civil cases. The terms 
of the two criminal courts — oyer and terminer, and quarter 
sessions of the peace — are identical; they have the same offi- 
cers and jurors, and differ only in the nature or degree of the 
cases brought before them. The court of oyer and termi- 
ner — "to hear and to determine" — has jurisdiction in cases 



THE JUDICIARY 127 

of murder, forgery, robbery, burglary, arson, and other 
grave crimes. The court of quarter sessions of the peace 
exercises jurisdiction in cases of petty crimes, such as theft, 
assault and battery, etc. The orphans' court settles the es- 
tates of deceased persons, and has jurisdiction over the 
estates of orphans and other wards. The terms of the sev- 
eral courts usually begin at the same time and are held by the 
same judges (109). In large counties the terms of orphans' 
court are arranged for independently, but elsewhere they are 
held in connection with the other courts. 

Juvenile Courts. — Under the Act of May, 1901, judges of 
the county courts may establish juvenile courts in which cases 
with a criminal tinge, involving children under sixteen years 
of age as culprits, may be considered. An order is made by 
the courts of oyer and terminer and the courts of quarter 
sessions naming one or more judges of their number to pre- 
side over children's court, and designating the place for the 
trial of cases. The law is intended to dissociate the trial of 
children from those of adults, for the moral effect. Besides 
providing for court proceedings against children, the juvenile 
court has power to regulate the treatment and control of un- 
fortunate children. A prominent feature of these courts is 
found in the probation officers who aid the court officers in 
investigating the cases which arise. Their duties are numer- 
ous, and in criminal cases these officers look after the children 
and take the place of the sheriff. The detention of children 
in jails or prisons where adults are confined is forbidden. 
Actions concerning children are brought directly before these 
-cOurts, and not before magistrates. Any responsible person 
may enter juvenile court and report the condition of neg- 
lected children. The court is empowered to take children 
from their homes and place them in charitable institutions. 



128 PENNSYLVANIA 

Women interested in charitable work are often appointed 
probation officers. One difficulty found in the work of these 
courts is the lack of any provision for places of detention. 
Notwithstanding its defects the law establishing these courts 
has amply proved its usefulness, and it will continue to be 
the means of dealing with young offenders in a manner 
calculated to prove beneficial to them and to the Common- 
wealth. The methods which these courts provide are a great 
improvement upon those formerly used in such cases. 

Judicial Districts. — The State constitution provides (105) 
that whenever a county contains 40,000 or more inhabitants 
it shall constitute a separate judicial district, and shall elect 
one judge learned in the law; and the General Assembly shall 
provide for additional judges as the business of the district 
may require. Under this provision most of the counties form 
separate judicial districts. Counties containing a popula- 
tion less than is sufficient to constitute separate districts are 
formed into convenient single districts, or, if necessary, may 
be formed into joint districts of two or more counties in 
each (104). 

The present judicial districts were established by the Act 
of Apportionment of 1901 ; the number of judges to be elected 
in each district is also therein stated. There are fifty-six 
districts. The city and county of Philadelphia constitutes 
the first district; it has fifteen judges in the common pleas, 
and four in the orphans' court. The county of Allegheny 
forms the fifth district, and has nine judges in the common 
pleas and three in the orphans' court. Three districts have 
three judges in the common pleas and one judge in the or- 
phans' court. Four districts have two judges in common 
pleas and one judge in orphans' court; seven districts have 
two judges for all courts. The other districts have one 



THE JUDICIARY 129 

judge each. As to territory, seven districts are composed 
of two counties each, and two districts of three counties 
each; in all other cases the county is the judicial unit. 

County or District Judges. — The judges of county courts 
are elected by the qualified voters of the entire judicial dis- 
trict at the municipal election. They enter upon their duties 
on the first Monday in January next after their election. 
Judges are commissioned by the Governor and take the oath 
of office (132) required of all judicial, State, and county offi- 
cers. The president judge of a district is the one whose com- 
mission expires at the earliest date. But when two or more 
judges are elected at the same time in any district (117), they 
determine by lot which shall be president judge; unless the 
president judge is reelected, in which case he continues as 
president judge of that court. Judges are elected for a term 
of ten years, and hold office during that time unless removed 
through misbehavior (115). Casual vacancies are filled by 
appointment made by the Governor (125). The regular 
salary of a county judge, in a district of less than 90,000 
population, is $5,000; in Philadelphia, $8,500; in Allegheny 
county, $8,500; in Dauphin county, $7,500; in districts 
having over 90,000 inhabitants and less than 500,000, 
$6,000; and in the same districts, if there be but one judge, 
he shall receive an additional $1,000. During their continu- 
ance in office, judges must reside within the districts for 
which they are elected (119). Mileage is allowed for all 
necessary travel. 

Duties of County Judges. — The duties of a judge are nu- 
merous, and call for superior qualifications and abilities. 
His chief duty is to preside at the trial of civil and criminal 
cases. He must see that the trial is impartially conducted; 
must hear the evidence, and decide the points of law raised 

Am. Cit. — 9 



130 PENNSYLVANIA 

during the trial; and deliver the charge to the jury with in- 
structions as to the making up of the verdict. Judges are not 
to charge juries with respect to matters of fact, but may 
state the testimony and declare the law. 

Among the other duties are the declaring of judgments, 
the sentencing of convicted persons, the granting of peti- 
tions, the holding of juvenile court, the appointment of 
probation officers, the removal of certain officials, the issu- 
ing of naturalization papers, the staying of executions, and 
the chartering of corporations not for profit; also the issu- 
ing of writs of injunction, certiorari (no), mandamus, quo 
warranto, and habeas corpus. 

Associate Judges. — Counties with less than 40,000 inhab- 
itants may be formed into joint judicial districts of two 
or more counties each. Each of the counties forming such a 
district has two associate judges not learned in the law. 
These men need not be, and generally are not, lawyers. 
The district elects one judge learned in the law, who is the 
president judge, and who holds court in the counties of his 
district in turn. Associate judges have the same powers as 
the president judge, but rarely exercise any but a few of 
them. They administer oaths, grant licenses, establish new 
roads, issue writs of habeas corpus, stay writs of execution, 
and conduct similar judicial business. Since they reside in 
their respective counties, their services are a convenience 
during the absence of the president judge. In court they are 
mainly advisory members on the bench. Being citizens of 
the county, they know the people and the needs of the county. 
The term of office of associate judges is six years, and their 
salary is five dollars per day when actually engaged in the 
performance of their official duties. The proper basis of 
salary is the time of their attendance at court. 



THE JUDICIARY 131 

Recording Officers of Courts. — Certain county officers, 
whose duties are noticed under the discussion of the county 
government, are charged with the duty of preparing and pre- 
serving the records of the courts, in order that the matter may 
be preserved for future reference and use in appeals and 
other legal business. The recording officers are the pro- 
thonotary and the clerk of the courts. Justices' courts, not 
being courts of record, have no clerks; but the justice keeps 
a docket. 

Ministerial Officers. — Other officers of the courts have for 
their duty the performance of certain work of a ministerial 
nature, such as the serving of writs, the summoning of wit- 
nesses, the execution of orders, etc. The sheriff is the chief 
ministerial officer of all the county courts. Minor minis- 
terial officers are the court crier, who proclaims the orders 
and the directions of the court; also the tipstaff, a con- 
stable who preserves order and may perform the duties of 
court crier, In justices' courts, the ministerial officers 
are the township, borough, ward, or city constables or 
policemen. 

The Higher Courts. — The judicial department is the proper 
organ for interpreting and construing the laws of the State. 
When disputes arise concerning the meaning of a law in 
special cases, or there is doubt whether a law is constitu- 
tional or not, appeal must be made from a lower court to 
a higher court. Such higher courts may have both original 
and appellate jurisdiction, civil and criminal; but the origi- 
nal jurisdiction is generally very small. By establishing the 
supreme court, the State constitution provides directly for a 
court of final appeal; but it confers upon the General As- 
sembly (101) the power to establish additional courts when- 
ever the necessity shall arise. In 1895, for the purpose of 



132 PENNSYLVANIA 

relieving the supreme court of a part of its large business, the 
superior court was established as a court of intermediate 
appeal between the county courts and the supreme court of 
the State. The wisdom of this action is abundantly borne out 
in the resulting facility with which the judicial business of 
the Commonwealth is accomplished. The judicial power 
of the State now begins in the justices' courts and ends in 
the superior court or in the supreme court. 

The Superior Court. — This court consists of seven judges 
elected by the qualified voters of the State. The term of 
office is ten years, and begins on the first Monday of Janu- 
ary after the election. When two or more judges of the 
superior court are to be elected for the same term of service, 
each elector may vote for as many persons less one as there 
are judges to be chosen at that election. 

The jurisdiction of the superior court is almost wholly 
appellate, the sole evidence of original jurisdiction being the 
power to issue writs of habeas corpus. The court has ex- 
clusive and final appellate jurisdiction in all cases of appeal 
from the courts of quarter sessions, except cases in which the 
right to public office is involved; also, in all cases of appeal 
from the courts of oyer and terminer, except murder (124). 
The appellant must first obtain permission from one of the 
judges of the superior court before an appeal can be taken. 
In civil matters, its jurisdiction is exclusive and final when 
the amount is not greater than $1,000, except cases brought 
officially by the attorney-general or those which relate to 
public officers. However, there may be an appeal from the 
superior to the supreme court in any case in which the juris- 
diction of the superior court is questioned; or the construction 
and application of the State constitution is involved; or the 
Constitution of the United States or its statutes involved; or 



THE JUDICIARY 133 

any case which the supreme court will permit to be brought 
on appeal before that tribunal. 

The superior court sits at Philadelphia, Pittsburg, Harris- 
burg, Scranton, and Williamsport, at least once a year in 
each city. It has five prothonotaries. The chief judge of 
the superior court is the one who has been longest in com- 
mission. The salary of the judges is $9,000 per annum. 

The Supreme Court. — The court of final appeal is the su- 
preme court (102). The State constitution provides that this 
shall consist of seven judges who shall be elected by the 
qualified voters of the State at large. They shall hold their 
offices for the term of twenty-one years, if they so long behave 
themselves well, but shall not be again eligible. The term 
of office commences on the first Monday of January next 
succeeding the election, and the Governor commissions 
accordingly. Whenever two judges of the supreme court are 
to be chosen for the same term of service, each voter shall 
vote for one only, and when three are to be chosen he shall 
vote for no more than two; candidates highest in vote shall 
be declared elected (116). Priority of commission in such 
cases is determined by lot (117). The judge whose commis- 
sion shall first expire shall be chief justice (102). During 
their continuance in office, the judges of the supreme court 
must reside within the Commonwealth (119). 

The salary of the chief justice is $10,500 a year, and that 
of the other judges of the supreme court is $10,000. They 
can receive no other compensation, fee, or perquisite of 
office (118). 

Jurisdiction of the Court. — The territorial jurisdiction of 
the supreme court is coextensive with the State. By virtue 
of their offices, the judges are justices of oyer and terminer 
and general jail delivery in every county in the State, and 



134 PENNSYLVANIA 

could hold such court in any of its counties (103). The 
original jurisdiction of the court is relatively small and re- 
lates to cases of injunction where a corporation is a defend- 
ant, of habeas corpus, of mandamus to courts of inferior 
jurisdiction, and of quo warranto as to all officers of the 
Commonwealth having jurisdiction extending over the State. 
The court has appellate jurisdiction by appeal, certiorari, or 
writ of error in all cases, as is now or may hereafter be pro- 
vided by law (103). An appeal to the supreme court may be 
made by either party to a civil suit. In order to check numer- 
ous and unnecessary appeals in criminal cases (124), the 
defendant must first obtain permission from one of the judges 
of the supreme court before the case can be appealed to that 
tribunal. 

When we consider the State courts as a system, commen- 
cing with the lowest and ending with the supreme court, it is 
found that their jurisdiction, both civil and criminal, is un- 
limited in so far as State law is concerned. There is no ap- 
peal from the decisions of the State courts to the United 
States courts, except in cases in which some point in Fed- 
eral law arises. In some cases the State courts have con- 
current jurisdiction with the United States courts; but 
whenever the State courts have such jurisdiction, it is con- 
trol which the State possesses in its own right, independent 
of the Constitution of the United States. 

The Case on Appeal. — The manner of trial of a case on 
appeal to either the superior court or to the supreme court 
differs entirely from the original method of procedure before 
the county courts. None of the witnesses are present, nor is 
there any jury. No new evidence is admitted. The records 
of the lowest courts, and the proceedings in the case are 
presented in printed form for examination. The court re- 



THE JUDICIARY 135 

views the case as thus presented, considers the arguments of 
the lawyers, made orally or submitted in the form of briefs, 
and then renders its decision. This must consist of the 
opinions of a majority of the judges of the court. These 
decisions are final, except where the Constitution or laws of 
the United States are concerned, and become the law for all 
subsequent cases of the same kind so long as they are not 
reversed. The reports of the decisions of the supreme court 
are second only to the acts of the General Assembly in im- 
portance to those who would know the State laws. The de- 
cisions are carefully compiled by the State reporter of the 
supreme court, and are published by the State. 

The supreme court has three prothonotaries, and the 
State is divided into three districts, eastern, middle, and 
western. The court sits at Philadelphia, Harrisburg, and 
Pittsburg; these cities are the seats of justice respectively 
for the districts named. One term is held annually in each 
city. 

An Honorable Record. — The salaries paid to the judges 
of the several courts in Pennsylvania are much higher than 
the average salaries paid in other States. The terms of office 
are also longer; that of the judges of the supreme court be- 
ing exceeded only by the life tenure in Florida, Massa- 
chusetts, and Rhode Island, and by tenure in New Hamp- 
shire with retirement of judges at seventy years of age. 
These facts have enabled the Commonwealth to secure the 
services of better men as judges, and the Bench of the State 
has not been scandalized as elsewhere in the country. The 
roll of judges has within the past included men who would 
do honor to any court in any country. 

Salaries. — The salaries paid to Pennsylvania judges are as 
follows : 



136 PENNSYLVANIA 

Chief Justice $10,500 

Judges of the Supreme Court 10,000 

Judges of the Superior Court ....... . . . . 9,000 

Philadelphia ... 8,500 

Allegheny County 8,500 

Dauphin County 7>5°° 

Districts with population over 90,000 6,000 

(If the district has but one judge, he receives $1,000 addi- 
tional.) 

All other districts 5,o°o 

Judges of the Orphans' Court receive the same salaries as are 

paid to the common pleas judges of the same county (highest) 8,500 

State Reporter of Supreme Court 3,000 



QUESTIONS 

Name three important powers of the State judiciary. 

What is the function of the State judiciary? 

What is the meaning of trial by jury? When and where did it 
originate ? 

What is a grand jury? A petit jury? What is a panel? What is 
an indictment? 

May a man plead his own case in court? May a person's acts be 
inquired into by the grand jury without his knowing anything about it? 
May grand jurors reveal the proceedings of the jury? Why? 

Why not leave the questions of law to the jury as well as the ques- 
tions of fact ? 

What are the names of the different State courts in this Common- 
wealth ? 

What is meant by original jurisdiction? By appellate jurisdic- 
tion? 

Define each of the following terms: quo warranto, writ, jurisdic- 
tion, habeas corpus, mandamus, certiorari, and appeal. 

Give an account of each of the various grades of State courts. 

In what courts are the civil cases tried? The criminal cases? 

What is the function of the orphans' court? Of the juvenile 
courts? 



THE JUDICIARY 137 

How are judges selected in this State? 

What is the tenure of office of the county judges? 

What is the salary of the judges in this county? 

Who are the recording officers of the State courts? Who are the 
ministerial officers ? 

How are witnesses summoned to appear in court? Are lawyers 
officers of the court? 

Where and when does the superior court of the State hold its ses- 
sions? How many judges in this court? 

What is the jurisdiction of a county court ? Of the superior court ? 
Of the supreme court of the State? 

What is the number of judges on the supreme bench of the State? 

Which is the court of last resort in a State ? 

How does the trial of a case on an appeal to a higher court differ 
from the original trial? 

Why should the term of office of a judge be longer than that of 
other officers ? 

What can you say about the record of our judges? 

Where and when does the supreme court of the State hold its 
sessions? 

Should the judges of the courts be elected or appointed? To 
whom would a judge of the supreme court of the State send his 
resignation if he desired to be relieved? 

How many judicial districts in this State? Why not let each 
county constitute a judicial district? How many districts have more 
than one judge? 

What provision does the State constitution make concerning 
separate judicial districts? 

Discuss the topic " Trial by jury has outlived its usefulness." 

Discuss the topic " Capital punishment is not justifiable." 

Does a decision of the supreme court of the State of New York 
have any weight in Pennsylvania? 



CHAPTER XIV 

IMPEACHMENT AND REMOVAL: 
OATH OF OFFICE 

Origin of Impeachment. — The provisions for the impeach- 
ment of public officers come from the custom which pre- 
vails in England. Since the times of Edward III. and Rich- 
ard II., the House of Commons has occasionally exercised 
the power of impeaching the king's ministers and other 
public officers. One of Richard's ministers was impeached 
for corruption in office, and was convicted, although the 
king had declared previously that he would not, at the 
prayer of Parliament, dismiss even a scullion from his kitchen. 
To-day, the king's ministers are responsible to Parliament 
for their administration of office. 

The Power to Impeach: Of Trial. — In the Common- 
wealth of Pennsylvania, the house of representatives has the 
sole power of impeachment (128), and the senate has the sole 
power of trial of the cases which arise (129). When sitting 
for that purpose, the senators are put upon oath or affirma- 
tion. In order to guard against the use of impeachment 
for political purposes, a two-thirds vote of all the members 
present is required for conviction. In case of conviction, 
the judgment cannot extend beyond removal from office 
and disqualification to hold any office of trust or profit under 
the Commonwealth; but whether acquitted or convicted, the 

138 



IMPEACHMENT AND REMOVAL 139 

person is still liable to be tried and punished by the ordinary 
processes of law (130). 

The Governor and all other civil officers are liable to im- 
peachment for any misdemeanor in office. 

Removal from Office. — All officers hold their offices on 
condition that they shall behave themselves well while in 
office, and shall be removed on conviction of misbehavior 
in office or of any infamous crime. Appointed officers, ex- 
cept judges of the courts of record and the superintendent 
of public instruction, may be removed at the pleasure of the 
appointing power (131). 

Oath of Office. — Senators and representatives (132), and 
all judicial, State, and county officers must take the oath' of 
office prescribed by the State constitution before entering 
upon their duties. It is administered by some person au- 
thorized to administer oaths. The oath is administered to 
members of the senate and house of representatives by a 
judge of the supreme court or of a court of common pleas, 
in the hall of the house to which the members are elected. 
The oath of a State officer or of a judge of the supreme court 
is filed in the office of the secretary of the Commonwealth; 
and in the case of other judicial and county officers, the oath 
is filed in the office of the prothonotary of the county wherein 
it is taken. Violation of the oath of office is perjury. 

Public Officers. — All officers whose election is not pro- 
vided for in the constitution, are elected or appointed as may 
be directed by law (168). 

No member of Congress, nor any person holding or exer- 
cising any office under the United States can, at the same 
time, hold or exercise any remunerative office in this State 
(169). The Legislature may declare certain offices incom- 
patible, as, for example, the office of judge and notary public. 



140 PENNSYLVANIA 

Dueling disqualifies a person from holding public office, 
and he may be otherwise punished (170). 



QUESTIONS 

What is the origin of the impeachment of officers? 

In what body does the State constitution vest the power of im- 
peachment ? In which branch of the Legislature is the sole power of 
trial vested? 

What governmental principles are illustrated in the impeachment 
of a State officer? In the impeachment of a judge? 

What offices are incompatible? What does the State constitu- 
tion hold as to dueling? 

What persons may be removed from office at the pleasure of the 
appointing power? Note the exceptions. 

What is the oath of office ? What is the penalty for its violation ? 



CHAPTER XV 
SUFFRAGE AND ELECTIONS 

Who may Vote. — The Constitution of the United States 
leaves to the different States the power to define the condi- 
tions upon which a person shall exercise the right to vote, 
called the right of suffrage, except that it expressly provides 
that the right of citizens of the United States to vote shall 
not be denied or abridged on account of race, color, or previ- 
ous condition of servitude. 

Under the constitution of Pennsylvania (133) there ar: 
three personal qualifications: 

The voter must be (a) of the male sex, (b) at least twenty- 
one years of age, and (c) a citizen of the United States at least 
one month before the election. Aliens cannot vote, no matter 
how long they may have lived in the State. Women cannot 
vote, although they are eligible to any office of control or 
management under the school laws of the State (166). The 
ownership of property, and the ability to read and write, are 
not necessary qualifications of an elector. Besides the three 
personal qualifications there are three others relating to (d) 
residence, (e) payment of taxes, and (f) registration. 

Residence. — To have the right to vote, the person must 
have resided in the State at least one year next preceding the 
date of the election ; but if, having previously been a qualified 
voter or native-born citizen of the State, he shall have re- 
moved from the State and returned, then he must have been 
in residence six months immediately preceding the election. 

141 



142 PENNSYLVANIA 

He must have resided in the election district where he shall 
offer to vote at least two months next preceding the election 

(133)- 

Payment of Taxes. — If the elector is twenty-two years 
of age or upward, he must have paid, within two years, a 
State or county tax, which shall have been assessed at least 
two months, and paid at least one month, before the election. 
It is unlawful for any person or persons to pay or cause to be 
paid any occupation or poll tax assessed against any elector, 
except on the written and signed order of such elector au- 
thorizing such payment to be made. This order must be 
presented at least thirty days before the date of the election 
at which the elector desires to vote. 

Between the ages of twenty-one and twenty-two a young 
man may "vote on age," that is, without having paid any 
tax. A man who has no real estate or other property tax- 
able by county or State votes on payment of his occupation 
tax, a small sum collected by the county on the voter's oc- 
cupation or business. 

Registration. — Townships, and wards of cities or boroughs, 
form or are divided into election districts (143), and registry 
lists of the qualified voters are made. The duty of compiling 
this list devolves upon the assessor of the township or ward. 
This officer posts a copy of the list on the door of the house 
where the election for the district is held. Complaints of 
errors are received, and corrections made. The revised lists 
are returned to the county commissioners, who put the names 
in alphabetical order and furnish two copies to the election 
board of the proper district for use at the polls. One list is 
used by the inspectors of election who have charge of the 
ballots, to check off the names of voters as their ballots are 
furnished them; the other list is used to designate which per- 



SUFFRAGE AND ELECTIONS 143 

sons have voted. These are called the ballot check list and 
the voting check list respectively. 

Privilege of Electors. — Except for treason, felony, or 
breach or surety of the peace, voters cannot be arrested dur- 
ing their attendance at the polls, and in going to and return- 
ing therefrom. This provision of the constitution prevents 
corrupt misuse of legal process (137). 

Voting Room and Booths. — The county commissioners 
must provide for each election district a room fitted up with 
a number of voting shelves or booths at which the voters may 
mark their ballots secure from observation by others. A 
guard rail must also be so constructed and placed that only 
the persons within the rail can pass within six feet of either 
the ballot box or the voting shelves; yet the ballot box and 
voting shelves must not be hidden from the view of persons 
just outside the guard rail. 

Time of Elections. — Two election days are provided for 
by the constitution. The general election is held biennially 
on the Tuesday next following the first Monday of Novem- 
ber in each even-numbered year. At this time are elected 
National officers, State officers, and members of the General 
Assembly (134). 

Elections for judges of the courts of the several judicial 
districts, and for county, township, borough, ward, city, and 
school district officers are held on the Tuesday next follow- 
ing the first Monday of November in each odd-numbered 
year (135). Judges of the supreme and superior courts may 
be elected at either a general or a municipal election. 

Election Officers. — The officers forming the election 
board are chosen biennially by the citizens. This board con- 
sists of a judge and two inspectors; and each inspector ap- 
points one clerk (146). Each elector has the right to vote for 



144 PENNSYLYAXIA 

the judge and one inspector. Minority representation on the 
board is thus secured in general, although it may happen that 
both inspectors may be chosen from one political party. 
These officers are sworn to conduct the elections secretly and 
fairly, and may be severely punished if this is not done. 

The pay of election officers is three dollars and fifty cents 
for each election, without regard to time. 

Cannot be Arrested on Trivial Charges. — Election offi- 
cers are privileged from arrest (146) upon days of election, 
and while engaged in making up and transmitting returns, 
except upon warrant of a court of record or judge thereof for 
an election fraud, for felony, or for wanton breach of the 
peace. 

The Ballot. — The constitution requires that all elec- 
tions shall be by ballot (136) or by such other method as may 
be prescribed by law; provided that secrecy in voting be pre- 
served (Amendment Xo. 3). The essential features of a good 
method of balloting are that the voter shall have every op- 
portunity to select from all the candidates, free from solicita- 
tion, coercion, or briber} 7 , the candidates of his choice; and 
that he may do this in private, and deposit his ballot without 
interference. 

These advantages are secured in Pennsylvania by the use 
of the "Baker Ballot," a modification of the Australian bal- 
lot. The Ballot Reform Act of 1893 provides that all bal- 
lots cast in elections for public officers within the Common- 
wealth shall be only those prescribed by law and printed 
and distributed at public expense. The secretary of the Com- 
monwealth prepares all forms and blanks, and furnishes 
copies to the county commissioners. The commissioners 
procure further copies at the cost of the county, and furnish 
them to the election officers or other persons by whom they 



SUFFRAGE AND ELECTIONS 145 

are to be used, in such quantities as may be necessary. The 
names of all candidates for any office specified on the ballot 
are printed on one sheet of white paper which must not be 
less than six inches long and four inches wide. All the ballots 
used at the same voting place at any election must be alike. 

How the Names are Arranged. — The names of candi- 
dates for all offices, except President and Vice President, are 
arranged under the title of the office for which they are candi- 
dates in an order fixed by law. At the right of the name of 
each candidate the name of the party nominating him is 
printed, and at the right of the party name there is a square 
of sufficient size to allow the convenient insertion of a cross 
mark. At the end of the list of candidates there are also 
blank spaces wherein the voter may write the names of other 
persons for whom he may desire to vote. Whenever a con- 
stitutional amendment or other question is submitted to the 
vote of the people, it is printed after the list of candidates, 
and followed by the words "yes" and "no." On the ex- 
treme left of the ballot, and separated from the rest by at 
least one half inch, a list of the names of all the political 
parties represented on the ballot is printed, and a square for 
the insertion of a cross mark is placed at the right of each 
party name. At the head of each ballot the following in- 
structions are printed: "To vote a straight party ticket, mark 
a cross (X) in the square opposite the name of the party of 
your choice, in the first column." "A cross mark in the 
square opposite the name of any candidate indicates a vote 
for that candidate." Other instructions how to mark,* and 
such words as "mark one," "mark two," and the like, may be 

*"The voter may insert in the blank space at the bottom of each group 
the name of any person whose name is not printed on this ballot, for whom 
he desires to vote." 
Am. Cit. — 10 



146 PENNSYLVANIA 

printed upon the ballots. The intention of the law is to give 
each voter a clear opportunity to designate his choice of candi- 
dates by a cross mark (X) in a square of sufficient size at the 
right of the name of each candidate. The courts have no ju- 
risdiction to direct what instructions the county commissioners 
shall or shall not give to voters as to marking ballots. 

When Presidential Electors are to be chosen, the names 
are arranged in party groups, and at the head of each group 
of candidates are placed the appropriate party name and the 
surnames of the candidates of such party for President and 
Vice President. At the right of the space containing the 
surnames of the candidates for President and Vice Presi- 
dent, and their party name or political appellation, the usual 
square for the cross mark is placed, and also at the right of 
the name of each candidate for Presidential Elector. 

Every party, which at the election next preceding had two 
per cent, of the highest number of votes cast for any State 
office, may have its candidates on the ticket. Independent 
candidates may also have their names placed upon it by pre- 
senting nomination papers signed by one half of one per cent, 
of the voters of the State for any State office; and, in case of 
any other office, by two per cent, of the highest number of 
votes cast for any office in the county, township, or other dis- 
trict for which the independent nomination is made. 

Provision for Mistakes. — Each voter is provided with a 
ballot already folded. If he inadvertently spoil the ballot, 
he may obtain another by returning the spoiled one. Any 
ballots thus returned are immediately canceled; and at the 
closing of the polls are placed in an envelope, sealed, and 
sent to the proper office as required by law in the case of the 
ballots cast. 

Specimen Ballots. — Copies of the form of the ballot pro- 



SUFFRAGE AND ELECTIONS 147 

vided are printed upon tinted paper, but without the fac- 
simile indorsements seen upon the regular ballots. From 
these and from the printed instructions furnished, voters may 
learn how to mark their ballots.* 

Officers and Watchers. — In order that the voter may be 
free from all solicitation, coercion, or bribery, the election 
laws clearly specify the places which voters, officers, and 
watchers shall occupy in the voting room. 

Within the voting room, but outside the guard rail, are 
the police officers, constables, and deputy constables re- 
quired by law to be at the polls. Each party or group of citi- 
zens having candidates up for election has the right to have 
three watchers appointed for each district. Only one such 
watcher for each party is allowed in the voting room at the 
same time, and then only outside the inclosed space. He 
must be provided with a certificate from the county commis- 
sioners, and is required to show it when requested to do so. 
No person when within the voting room is allowed to elec- 
tioneer or solicit votes; nor can any written or printed matter 
for that purpose be posted up within the voting room. Not 
more than ten voters, besides the officers and watchers, are 
allowed in the room at any one time during the voting period. 

Within the guard rail are the judge of election and the two 
inspectors who constitute the election board; also the clerks 
of election appointed by the inspectors (146). 

Manner of Voting. — Any person desiring to vote gives his 
name and residence to one of the election officers in charge of 
the ballots, who at once announces the name in a loud and 
distinct tone of voice. The inspector or clerk in charge of the 
ballot check list looks for the name, and, if it is found upon 

* These specimen ballots may be made useful aids to the teacher in the 
classroom in explaining the procedure in elections. 



1 48 PENNS YLVANIA 

the list, he repeats the name and the voter is admitted within 
the guard rail unless his right to vote is challenged. 

As soon as the voter is admitted within the guard rail, the 
election officer in charge of the ballots detaches a ballot from 
the stub, folds it so that only the words printed on the back 
are visible, and hands it to the voter. As soon as the ballot is 
thus given to the voter, the letter "B" is marked against his 
name on the margin of the ballot check list. The voter re- 
tires at once to one of the voting shelves or booths, draws the 
curtain or shuts the door, unfolds the ballot and without un- 
necessary delay shows his choice of candidates by marking. 
If he wishes to vote a straight ticket, he makes a cross (X) in 
the appropriate square opposite the name of the party of his 
choice in the straight party column on the left of the ballot, 
and such cross mark is equivalent to a vote for every candi- 
date of the party so marked. If he desires to divide his vote 
among candidates of two or more parties, he must mark in the 
appropriate square opposite the name of each candidate for 
whom he may desire to vote. He may insert in the blank 
spaces provided therefor any name not already on the ballot. 
In case of a question submitted to the vote of the people, he 
places a cross (X) against the answer he desires to give. A 
cross mark in the straight party column counts as a vote for 
each Presidential Elector nominated by that party, but if the 
voter desires to divide his votes among candidates from 
different groups, he must make a cross mark to the right of 
the name of each Elector for whom he wishes to vote. Before 
leaving the voting shelf, he folds the ballot without displaying 
the markings thereon, in the same way it was folded when 
received by him, and keeping the same so folded, himself 
deposits it in the ballot box without undue delay, and im- 
mediately thereafter retires from the inclosed space. The 



SUFFRAGE AND ELECTIONS 149 

voter's name is then checked with the letter " V" on the mar- 
gin of the voting check list by the election officer having charge 
of this duty. 

Nonregistered Voters. — Although electors in cities must 
be registered in order to vote, yet in boroughs and townships 
they may claim the right to vote even though not registered. 
The person thus claiming the right to vote must produce 
at least one qualified voter of the district to subscribe, under 
oath, that the claimant has resided in the district for two 
months immediately preceding the election (133); the claim- 
ant must also make oath or affirmation that he is a qualified 
voter under the required conditions. 

A Challenged Vote. — Although the name of a proposed 
voter may be on the list, any of the officers or any qualified 
citizen of the district may object to the admission of the vote. 
When the right of a person to vote is thus questioned, the 
vote is said to be challenged. The person whose right of 
suffrage is thus challenged must publicly make proof of his 
claims as required by law before his vote can be received. 

What Residence Means. — By the residence of a voter is 
meant his place of abode or his permanent home. For the 
purpose of voting, no person can gain a residence by remain- 
ing in a place for temporary purposes of business, pleasure, 
or education, no matter how long he may prolong his stay. 

Registration in Cities. — The Legislature by the Act of 
February, 1906, provides for the personal registration of 
voters in cities of the first and second classes, and makes 
such registration a condition of the right to vote at an elec- 
tion. The Governor appoints a board of registration com- 
missioners for each of such cities, consisting of four members, 
not more than two of whom may be of the same political 
party. These commissioners, thus appointed, hold office 



150 PENNSYLVANIA 

until their successors qualify. The board appoints, not 
later than August fifteenth of each year, four registers for 
each election district. Not more than two of these can be 
of the same political faith. No public officer or candidate 
for such office can act as register. The registers of each 
division meet at the polling place on the ninth Tuesday, 
seventh Tuesday, and fourth Saturday preceding every gen- 
eral election, and on the fourth Saturday preceding every 
municipal election; and, in open session from seven o'clock 
in the morning until ten o'clock in the evening, receive per- 
sonal applications from persons claiming the right to be 
registered. Every person claiming the right to vote must 
appear in person before the registers, in the election dis- 
trict in which he lives, before every general election, and 
answer the questions put to him by them. These answers 
are recorded in two registers, the size and character of 
which is determined by the secretary of the Commonwealth 
according to certain forms which the law specifies. Severe 
penalties are attached to fraudulent actions of either the 
registers or voters in all matters pertaining to registration. 

In the Act of March, 1906, provision is made for personal 
registration in all cities of the third class. The county com- 
missioners in which the city is located appoint two registers 
for each election precinct or ward, to serve for three years. 
The board of registers must be, as nearly as possible, evenly 
divided in political faith. The size and character of the 
registers used are determined by the county commissioners 
according to the forms set forth in the law. The process of 
registration is similar to that in the cities of the first and 
second classes. Registers are appointed not later than June 
fifteenth. They meet at the polling places on the ninth 
Tuesday, seventh Tuesday, and third Saturday preceding 



SUFFRAGE AND ELECTIONS 151 

every general election, and on the third Tuesday preceding 
every municipal or local election. The registration ses- 
sions are open from eight in the morning until one o'clock in 
the afternoon; then from two o'clock until six in the evening; 
and also from seven o'clock until ten at night of each registra- 
tion day. 

Under the operation of these laws, hereafter, in all our cities 
it will be known in advance of the election how many votes 
can be cast, and who will have the right to cast them. And 
the result will be that the elections will be purer and more 
honest than ever before in our history. Those citizens who 
have sufficient intelligence to place a proper value on the 
right to vote will see that the right is secured to them through 
registration. Those who have not will probably give the mat- 
ter no attention, and it is just as well that they should not, 
for the community is better off with them disfranchised. 

Bribery. — The giving or the receiving of a bribe for a 
vote is a misdemeanor punishable by fines and imprisonment 
(140). In addition to these penalties, any person convicted 
of a willful violation of the election laws is excluded from the 
right of suffrage, absolutely for four years; and, if a candidate 
for office, he becomes forever incapable of holding any office 
of trust or profit within the gift of the Commonwealth (141). 

Counting the Vote. — After the polls are closed, and be- 
fore the ballot boxes are opened, all the lists of voters used 
must be placed in separate sealed covers properly marked; 
also the stubs of all the ballots used, together with all unused 
ballots, must be inclosed in a sealed package properly desig- 
nating the voting place. The inspectors then proceed to open 
the ballot box and audibly count the votes, observing the 
precautions against unfairness which the law prescribes. The 
counting must not be postponed nor adjourned until fully 






152 PENNSYLVANIA 

completed. The ballots are kept within the unobstructed 
view of those persons within the voting room who are out- 
side the guard rail. It is unlawful for either judge or in- 
spector, while counting the ballots or the votes thereon, to 
have in his hand any pen, pencil, or stamp for marking 
ballots. 

The law gives certain regulations relating to the counting 
of ballots imperfectly marked; but since it is clear in its di- 
rections for marking ballots, voters should adhere strictly 
to the instructions given in order that their votes may be 
effective. 

Election Returns. — The result of the voting must be pub- 
licly and fully announced as soon as the votes are counted. 
The election officers then make out and sign a full return in 
triplicate copies. A copy of the returns is delivered to the 
prothonotary before two o'clock of the next day, and he 
presents the returns to the judge or judges of the court of 
common pleas at noon of the second day after the election. 
The judges, after computing the returns received, make out 
their conclusions in duplicate. They give certificates of elec- 
tion, under the court seal, to the proper persons. 

One of the triplicate copies is sent to the secretary of the 
Commonwealth, and this officer presents to the Governor 
the returns of the elections of all the township and county 
officers to whom commissions are to be issued. 

Returns of the election of Governor are sent to the presi- 
dent of the senate for computation and publication; those 
of the election of State senators are transmitted to the senate ; 
those of representatives are sent to the house of represen- 
tatives. A board consisting of the Governor, the president 
judge of the twelfth judicial district, the president pro tem- 
pore of the senate, the speaker of the house of representa- 



SUFFRAGE AND ELECTIONS 153 

♦ 
tives, four senators, and four representatives computes the 
returns of the election of State treasurer and auditor-general. 

Ballot Boxes. — As soon as the election is finished, the 
tickets, list of taxables, one of the lists of voters, one of the 
tally papers, and a copy of the oath or affirmation taken by 
the officers holding the election, must be deposited in the 
ballot box; and such box being closely bound round with 
tape, and sealed by the election officers under their signatures, 
shall be deposited in the custody of the person legally au- 
thorized to care for it. Unless required by court in settle- 
ment of contested elections, the box must not be opened 
until the morning of the next ensuing election. After the 
officers have been duly sworn, the ballot box is opened, and 
the contents must be burned and totally destroyed. 

A Plurality Sufficient. — A plurality of votes elects a candi- 
date for any office; a majority is not necessary. 

A majority is the number by which the votes of a suc- 
cessful candidate exceed those for all other candidates taken 
together. A person elected by a majority must receive more 
than half the votes cast. 

A plurality in elections means the excess of the votes 
cast for one candidate over those cast for another, or for 
any other, candidate. When there are more than two can- 
didates, the one who receives the plurality of votes may 
have less than a majority. 

In the election of Governor in 1808 the vote stood: 



William A. Stone, R 476,206 

George A. Jenks, D 358,300 

All other candidates 137,231 

Total 971,737 

In this election 485,869 votes would have constituted a 



154 PENNSYLVANIA 

majority. Stone, therefore, lacked 9,663 votes of having a 
majority; but he had a plurality of 117,906 votes over Jenks, 
and was thereby elected, although a "minority Governor." 

New Naturalization Law. — The Naturalization Law of 
1802, enacted under Jefferson, was based upon enlightened 
principles, and has remained in force for more than a century. 
These principles, which should never be lost sight of, are 
that an alien of good moral character, arrived at man's 
estate, attached to the principles of the Constitution, may 
be admitted to citizenship if he has lived in the United States 
continuously for five years. If to these requirements were 
added a prohibition against the admission of any one to 
naturalization who does not intend to make the United States 
his permanent residence, the system would be complete. 
Surely we should welcome into our body politic any one to 
whom belong the attributes of good character, permanent 
residence, and loyalty. 

But this law, however excellent in principles, was defect- 
ive in that it did not provide means to prevent its abuse. 
Prejudices against foreigners on the one hand and the fear 
of too rigid limitation of immigration on the other have pre- 
vented the devising of means to check fraud in the opera- 
tion of this system of naturalization. 

The Naturalization Law of 1906 .provides that duplicate 
petitions must be sent to the Bureau of Immigration and 
Naturalization, thus bringing naturalization for the first time 
under Federal control. The application is made, as here- 
tofore, to the clerk of the court of common pleas, but pub- 
lic notice of the application must be posted for at least 
ninety days. The case is then heard by the judge in open 
court, and the United States attorney has the right to ap- 
pear and examine the applicant and witnesses. Applica- 



SUFFRAGE AND ELECTIONS 155 

tions for citizenship must be signed by the applicant, who 
must be able to speak the English language. He must fur- 
nish very definite and specific information regarding him- 
self, and the clerk of the court is liable to heavy penalties 
for receiving an application lacking in this respect. Two 
witnesses are required instead of one as under the Act of 
1802. No person can be naturalized within thirty days of 
any general election even if the ninety days have expired. 
An important feature of the law is that a person having 
been naturalized and later taking up a residence in a for- 
eign country, will have his naturalization certificate can- 
celed. The applicant must swear that he is neither an 
anarchist nor a polygamist, and that he intends to become a 
permanent resident of the United States. He must also de- 
clare on oath that he will support the Constitution of the 
United States, and that he absolutely and entirely renounces 
all allegiance to any foreign power. Among the points in 
the information furnished by the applicant are: his name in 
full, place of residence, occupation, date and place of birth, 
date of immigration and name of vessel, as well as equally 
specific facts concerning his family. 

We should welcome to the privileges of American citizen- 
ship all persons who can appreciate that right, and are will- 
ing to learn our language, customs, and laws. It is the duty 
of the government not only to enact laws that will keep out 
of our country anarchists, criminals, and paupers, but to seek 
still higher standards of naturalization. The courts can- 
not be too careful in granting naturalization papers. The 
purity of elections has often been destroyed by the large 
number of illiterate and degraded foreigners admitted to 
citizenship without possessing the essential qualifications for 
the intelligent exercise of the franchise. 



156 PENNSYLVANIA 

QUESTIONS 

What is the right of suffrage ? Is it a natural or a civil right? 

What does the State constitution say about voters or electors? 

What requirement is made in this State in regard to the payment 
of taxes? 

Name three qualifications that a voter at our State elections must 
have. 

When may a young man "vote on age" ? 

What are the regulations in Pennsylvania in reference to registra- 
tion? Why is a residence qualification required? 

Are paupers permitted to vote in this State ? 

Does the right to vote in this State depend in any way upon the 
payment of any kind of taxes ? Do all who pay taxes have the right 
to vote? 

When is the general election held in Pennsylvania? When are 
the local officers chosen? 

What privileges have voters during attendance at the polls? 

Describe the voting room and booths. Name the election officers. 
Give the general duties of inspectors of election. 

Bring into the class room a sample ballot. How are the names 
arranged ? 

What principles of our government are illustrated in an election ? 

Describe the Baker ballot, and state the manner in which the 
names are arranged upon it. What provision is made for mistakes ? 
Describe the manner of voting. 

How is the voter protected from solicitation, coercion, and bribery ? 
Discuss officers and watchers. 

If an elector own land in several States, can he vote in them all ? 
What facts determine his legal residence? What is meant by the 
term residence? 

What is meant by registration? Who compiles the lists? State 
briefly the manner of registration in cities. What provision is made 
for nonregistered voters? 

When is a vote said to be challenged? 

W T hat are the purposes of registration? 

How much better is the bribe taker than the bribe giver? What 
is the penalty for bribery? 



SUFFRAGE AND ELECTIONS 157 

How is the vote counted and the return made ? Discuss the ballot 
boxes. 

What is meant by the term a majority? A plurality? Illustrate. 

Make a brief statement of the new naturalization law (1906). 

How do the rights of citizens differ in the several States? De- 
scribe the process of naturalization. 

How may a foreigner become a citizen? 

Point out a few of the benefits an honest politician can confer upon 
the people. 

What is a "straight ticket" ? 

What arguments would you advance in favor of registration of 
voters ? 

Give an account of the process called naturalization. 

Name three qualifications that a voter at our State elections must 
have. 

If an elector own land in several States, can he vote in them all? 
What facts determine his legal residence? 

Are you eligible to the State Legislature? If not, what legal qual- 
ifications do you lack ? Could a member of the General Assembly 
be elected Governor or United States Senator? 

At the last election did you preserve any of the sample ballots ? 
Could you secure any of the ballots that were actually used in vot- 
ing? Why? 

If two persons claim the same seat in the State senate, who will 
decide between them? Can you secure from your representative 
any of the regular reports of the proceedings of the Legislature ? 






CHAPTER XVI 
PARTIES AND NOMINATIONS 

Parties. — Under all governments which grant any con- 
siderable degree of freedom, there will arise parties dif- 
fering in their ideas of government policies. Thus, as soon 
as the Constitution of the United States was adopted and 
the government organized, and, indeed, long before these 
events, people began to have different ideas concerning their 
rights and duties under the plan of government; so political 
parties were organized. 

This political machinery is the creation of voluntary effort 
and not of public law, yet such has been its influence that 
the people to-day govern themselves almost entirely through 
the agency of political parties. A party may be denned as 
a body of electors having distinctive aims and purposes, 
and united in opposition to other bodies of electors in the 
community or political division in which it exists. 

In order to control public policies and affairs, a party 
must succeed in electing to the public offices persons chosen 
from its ranks; and, in a highly strenuous nation, like our 
own, it was soon discovered that in politics, as in war, or- 
ganization and discipline are much more effective than mere 
numbers working without concerted action. Thus, to ac- 
complish the election of its members to the various offices 
within the gift of the people, there has resulted, within each 
party, a system of party machinery, firm yet flexible, and 

158 



PARTIES AND NOMINATIONS 159 

working well in its general results, since by its aid the body 
of voters is bound together for the accomplishment of their 
purposes. So it has come about that each great party has 
its National, State, district, and county conventions and 
committees, with rules of procedure for all of them. One 
essential feature of a party system is that it is strictly rep- 
resentative in its nature. Each voter has, to some extent, 
an opportunity to share in the selection of his candidates 
and to determine the platform of his party. By such means 
candidates are selected and political campaigns conducted. 
If good men concede primary political control to those who 
use it for selfish ends, such men are to blame for the selection 
of unworthy men for important public trusts. 

Nominations. — A candidate is a person who seeks some 
office or privilege, or who offers himself for the same. In 
order to secure some chance of election, however, his name 
must be presented for position upon the official ballot. This 
selection of the candidate is called nomination. The right 
of a voter to select his own candidate for any office at the 
actual moment of voting is not denied, but such candidate 
could stand little chance of election. In this State, under 
the Acts of 1 88 1 and especially the Ballot Reform Act of 
1893, the existence and operation of party machinery in the 
forms of primary elections and conventions of delegates is 
recognized. Practically the whole system of primary elections 
has been placed under the protection of the law. 

Primary Elections. — In every election district the voters of 
each party have two important duties to perform. One is 
to nominate their own party candidates for the local offices : 
township, borough, ward, and county. The other duty is 
to select delegates to conventions held for the purpose of 
setting forth the principles of the party, to look after its 



160 PENNSYLVANIA 

interests, and to nominate candidates for larger voting 
areas. 

The terms "primary election" and "caucus" have often 
been used synonymously, but the term caucus is now more 
often used to denote a private meeting of delegates or legis- 
lators, held prior to an election, for the purpose of settling 
upon plans of action. 

Methods of Nomination. — Two methods of nominating 
candidates for county offices have been used in Pennsylvania. 
The one which is in most complete accord with the principle 
of government by the people is an extension of the primary 
election as conducted in the township or borough to the 
greater area of a county. The voters who attend the primaries 
vote directly for the candidates of their choice, and the ones 
receiving the highest number of votes in the entire county be- 
come the nominees of the party. This deservedly popular 
method is called the "Crawford County System" after the 
name of the county in which it originated. The Uniform 
Primaries Act of 1906, extended this method throughout the 
State. 

The other method of nomination is by a convention, — or 
the "delegate system." At the primary elections, delegates 
to the county convention are selected. These formerly 
nominated the county officers, and also selected the dele- 
gates to the district and State conventions; but the Act of 
1906 takes away this function. At such conventions com- 
mittees are created, and rules of procedure determined; often 
resolutions expressive of certain political sentiments are 
expressed. 

Uniform Primaries. — Pennsylvania is one of the States 
which has placed primary elections under the control of the 
law, and insists that they shall be conducted as regularly and 



PARTIES AND NOMINATIONS 161 

as honestly as other elections are conducted. It is a duty 
which we owe to good citizenship to give the primary election 
laws our heartiest support, for the primaries are the springs 
in which the great stream of politics rises, and that stream 
is pure or impure according as its source is pure or impure. 

The General Assembly has provided that uniform primaries 
shall be held in every election district in the Commonwealth 
in which nominations are to be made, or delegates or party 
officers elected. At these primaries, held a considerable 
time before the general or the municipal elections, delegates 
to State and National conventions and candidates for all 
offices to be filled at general and municipal elections are 
chosen. Party officers, such as members of the county com- 
mittee and any other officers that are provided for by the 
rules of the several parties are also chosen at these primaries. 

The law does not prevent the nomination of candidates 
by nomination papers as provided for by existing laws. 
Neither does it apply to the nomination of Presidential 
Electors, nor to the nomination of candidates to be voted for 
at special elections to fill vacancies; but it does not prevent 
the nomination of Presidential Electors at primaries, if the 
rules of the parties so provide. 

Official primary ballots must be prepared by the county 
commissioners for each party casting two per centum of the 
largest entire vote cast for any candidate at the last general 
election. These ballots are printed on white paper of uni- 
form quality, and are of uniform size, style of printing, and 
general appearance. On the back of each ballot the name 
of the party is printed in prominent type. 

The names of candidates are placed upon the ballot of a 
party, on the filing of petitions containing the signatures 
of certain specified numbers of qualified voters of that party 

Am. Cit. — ii 



162 PENNSYLVANIA 

within the election district. Primary elections are held by 
the regular election boards, and are conducted in conformity 
with the general election laws. Expenses are ultimately 
paid by the State. Polls are open from two to eight o'clock 
postmeridian. 

Returns of the results of the primary elections are made 
to the county commissioners on or before noon of the Tues- 
day following the election. At noon of the succeeding day 
the commissioners must publicly commence the computa- 
tion and canvassing of the returns, and continue the same 
from day to day until completed. Severe penalties are at- 
tached to violations of any of the provisions of the Uniform 
Primaries Act. 

Candidates for offices of the Commonwealth, to be voted 
for by electors of the State at large, are nominated by the 
State conventions, for which delegates are elected in accord- 
ance with the terms of this act. The delegates who receive 
a plurality of the votes of the party electors at the Spring 
primary are the delegates to the respective State and National 
conventions. The State conventions must be held not later 
than one week after the date of the primary, in accordance 
with the rules of the respective parties. 

State Conventions. — The State convention, as has been 
said, nominates the party candidates for the various State 
offices to be filled. It also nominates the Presidential Electors, 
and selects the delegates at large to the National convention. 
The State convention creates the State committee, consisting 
of one representative from each county, in reality selected by 
the delegation from the county. The State convention adopts 
a platform dealing with the main political questions of the 
day. It then adjourns sine die. 

How Nominations are made Official. — Certificates of nom- 



PARTIES AND NOMINATIONS 163 

ination signed by the presiding officer and secretary of the 
State convention, and setting forth the nomination of candi- 
dates for Presidential Electors, congressmen at large, State 
officers, and district judgeships must be filed with the secre- 
tary of the Commonwealth. 

The county commissioners must make the proper certifi- 
cation of returns of votes cast for the candidates for nomi- 
nation for members of Congress or for State offices to the 
secretary of the Commonwealth, who tabulates them and 
certifies to the county commissioners the result of the vote 
at least forty days prior to the election. 

Nomination Papers. — In the interest of new parties and 
independent candidates, the election laws of the State pro- 
vide for the nomination of candidates by nomination papers. 
These must have a certain number of signatures, be drawn 
up on certain blank forms furnished by the secretary of the 
Commonwealth, and filed in the proper offices as provided 
concerning certificates of nomination. Nomination papers 
for county, city, township, borough, and school district offices 
are filed with the county commissioners; those for other offices 
are filed with the secretary of the Commonwealth. 

QUESTIONS 

What is the origin of political parties? 

Give an account of the development of party organization in the 
United States. 

In what relation does the individual voter stand to his party? 
What is the relation of parties to the government ? 

What are the methods by which candidates are nominated? Give 
an account of the nomination of a candidate for sheriff; for Congress; 
for Governor; for President. 

How are candidates for the General Assembly nominated? For 
mayor? How are Federal Senators nominated in this State? 



1 64 PENNSYLVANIA 

What political party had for its platform: "The Constitution of 
the country, the Union of the States, and the enforcement of the 
laws?" 

What part is socialism taking in the politics of to-day ? 

What is a primary? State briefly the Uniform Primaries Act of 
1906. 

Discuss State and National Conventions. What services do 
political parties render when they nominate candidates? Write a 
short paper on the topic, "National Conventions." 

What are the advantages of the direct vote? 

Should candidates and parties give an account of their election 
expenses? 

Do you think that the government of the people of the United 
States would be a more perfect government if there were only one 
political party in the country ? If not, for what reason ? 



CHAPTER XVII 
TAXATION 

A Sovereign Power. — Among the sovereign powers of a 
government, the power to tax the people is, in a sense, the 
fundamental one upon which all the others depend. The 
government is a great business enterprise maintained and 
operated by the people in order that certain important duties 
of general interest and benefit may be performed. Money 
raised for these purposes, which relate to the welfare of all 
the people of a country, is supposed to be paid by all of the 
inhabitants, each one furnishing his share; and the share 
which each one pays is his tax. The magnitude of the opera- 
tion requires the expenditure of large sums of money, and a 
government to be stable and efficient must possess adequate 
power for the levying and collecting of its taxes. The State 
constitution assumes that the right to tax is inherent in the 
government. In accordance with the theory which prevails 
in this country, the power to tax is legislative in its nature, 
and can be exercised only by representatives elected directly 
by the people. Although all the members of both houses of 
the General Assembly are so chosen, all bills for raising 
revenue must originate in the lower house (59). 

Taxes Defined. — Society cannot exist without government, 
and this cannot be carried on without revenue. A tax is a reg- 
ular pecuniary charge imposed by government upon the 
people for its own support. Taxes are really portions of 

165 



166 PENNSYLVANIA 

private property which the government takes for its public 
purposes. The taxpayers should realize that they are simply 
paying for benefits received. 

The Right to Tax not Unlimited. — The right of the govern- 
ment to levy and collect taxes is not unlimited. The State 
constitution restricts the amount of debt which the State and 
its subordinate local bodies may incur (157). Our great and 
wealthy Commonwealth, with a population now of about six 
and one half millions, fixes $1,000,000 as the limit of the debt 
which may be created to supply deficiencies in revenue (153). 

When money is borrowed for State purposes, the Act au- 
thorizing the creation of the debt must define the purpose for 
which the money is to be used, and the money must be used 
for that purpose, and for no other (154). The credit of the 
Commonwealth cannot be pledged to individuals or corpora- 
tions, nor can the State become a joint owner in any company 
or association or corporation (155). 

Direct and Indirect Taxes. — Direct taxes are those which 
are levied upon the persons, property, business, or income of 
those who are to pay them. 

Indirect taxes are those which are levied upon commodities 
in the hands of manufacturers and dealers, and are paid in the 
end by the consumers as a part of the price of the articles. 
The most important indirect taxes are customs and excise 
duties. The indirect taxes do not, in general, give rise to as 
much complaint as the direct taxes, partly because the money 
which the citizen pays directly out of his own pocket is the 
only tax which he is quite sure that he pays at all. 

The Constitution of the United States forbids the States 
to derive any revenue from duties upon goods imported or 
exported. In order to support its government the Common- 
wealth of Pennsylvania is, therefore, for the most part re- 



TAXATION 167 

stricted to a direct tax levied upon real estate and personal 
property. 

Vesting the Taxing Power. — The orders of communities 
are State, county, city or borough, township, and school dis- 
trict. Each has its corresponding taxing authority, capable of 
fixing the tax levy within the limits prescribed by the State 
constitution. The power to levy taxes is vested in the General 
Assembly, the county commissioners, the city and borough 
councils, the township supervisors, the school directors, and 
the overseers of the poor. 

Assessment. — This important step or process in taxing 
relates to the correct valuation and listing of the property, as 
the basis for fixing the amount which the individual taxpayer 
shall pay as his share of the tax. This work is performed by 
the assessors elected in the townships, boroughs, and city 
wards throughout the State. It is their duty to put a value 
upon all taxable property. Now the assessors will differ much 
in their estimates, and the returns will present many inequali- 
ties at the best. , The persons who have the duty of revising 
these estimates are an important factor in the taxing system. 
A series of boards of equalization compare and revise the val- 
uations made by the various local officers. They are the State 
board of revenue commissioners, the county commissioners, 
and the city boards of revision or* boards of assessors. The 
main work of equalization is done by the State board of reve- 
nue commissioners, consisting of the auditor-general, the 
State treasurer, and the secretary of the Commonwealth. It 
is the duty of the board to ascertain and determine the just 
value of the property listed in the cities and counties, and to 
equalize and adjust the assessments as far as possible, so as to 
make the burden of taxation bear as equally as practicable 
upon all taxable property throughout the State. Similarly, 



1 68 PENNSYLVANIA 

for the equalization of taxes, Philadelphia has a board of revi- 
sion consisting of three members, elected as county officers, 
for a term of four years. An elector can vote for only two of 
the members. Cities of the second class have a board of five 
members, appointed by the mayor; and cities of the third 
class a board of three members elected by the qualified voters 
of the city. These are assessors sitting as boards of revision. 
The board of revision and equalization in a county is com- 
posed of the commissioners themselves, and they must qualify 
for their duties in this capacity by taking a special oath. 

Collecting Taxes. — According to the taxing jurisdiction the 
levies are called State, city, county, borough, or township taxes. 

The collecting of these taxes is done by the tax collectors 
of townships, the treasurers in boroughs, tax collectors and 
tax receivers in cities, and by county treasurers. Usually the 
township or borough collector of taxes receives from the in- 
dividual citizen three distinct taxes: the State tax, the county 
tax, and the township or borough tax. Thus trouble and 
expense are saved in the process of collection, and the citizen 
sees on one tax paper all that he has to pay. The method of 
collecting the taxes, however, is not the same in all the counties 
of the State. 

State Taxes. — The State taxes which are collected by 
county officers, and by them paid into the State treasury are : 
State tax on personal property; tax on direct and collateral in- 
heritances; tax on writs, wills, deeds, etc.; commissions of 
notaries public; and licenses. 

Besides the revenue from these sources, the State receives 
money from taxes on business corporations. The State can- 
not be a party to any agreement whereby the power to tax 
corporations shall be suspended or surrendered (152). Such 
corporations are required to pay the taxes directly into the 



TAXATION 169 

State treasury. The corporations are required to submit to 
the auditor-general sworn statements of the capital stock, 
number of shares, par value of shares, gross and net earn- 
ings, surplus, dividends declared, etc. The rates of levy upon 
these bases are prescribed by law. The State constitution is 
explicit regarding corporations, lest these powerful bodies 
should purchase from a pliant Legislature exemption from 
civic burdens (152). 

County Taxes. — The taxes levied by the county commis- 
sioners for county purposes are laid upon real estate, upon cer- 
tain kinds of personal property, — as business investments, 
domestic animals, furniture, etc., — and upon occupations and 
polls. On the basis of returns made by the assessors, the 
county commissioners apportion the taxes to be raised for 
county use by the townships, wards, and districts. These 
taxes are collected by the regularly elected tax collectors. All 
persons who pay within two months are entitled to a five per 
cent, reduction, but all who do not pay within six months are 
charged five per cent, additional. 

Township Taxes. — The supervisors, or commissioners, of a 
township can levy a tax, at a rate not exceeding one cent on a 
dollar, upon real and personal property, and upon certain 
occupations. The money is used in making and repairing 
bridges and roads, and for some other purposes. Upon the 
approval of two justices of the peace, the overseers of the 
poor may lay an assessment for a poor tax not exceeding one 
cent on a dollar. These taxes are collected by the regularly 
elected tax collector of the township, who gives a bond an- 
nually for the faithful performance of his duties. It is lawful 
for the supervisors and overseers of the poor, under certain 
conditions, either by themselves or by a person duly au- 
thorized, to collect the taxes by them laid. 



170 PENNSYLVANIA 

Borough Taxes. — The rate of taxation in a borough is fixed 
by the council, and the expenses are under its control. The 
regularly elected tax collector furnishes each person, on the 
payment of taxes, with a numbered receipt containing the 
date, name, amount of tax, and district in which the taxpayer 
is assessed. The law requires that the tax collector shall send 
to the county commissioners, at least twenty days before elec- 
tion, lists of the persons who have paid taxes. 

City Taxes. — The annual levy in cities is made by the se- 
lect and common councils. Estimates of the amount required 
are furnished by the controller to the councils at the first 
stated meeting in January of each year, as a basis for fixing 
the levy and tax rate for the next fiscal year. The taxing proc- 
esses may differ somewhat in cities of the different classes, but 
they now bear a close resemblance to each other, as well as to 
the methods employed in the counties and in the State itself. 
Some of the larger cities are, in population and wealth, equiv- 
alent to States in themselves. The forms of property upon 
which taxes are levied are varied, and the special purposes 
very numerous. The legislative powers of the city councils 
are not general like those of the General Assembly, but are 
limited by the charter of the city. In the case of the increase of 
debt beyond a certain amount, the State constitution requires 
the assent of the voters of the city at a public election (157). 

The taxes levied in a city are much greater than those in 
rural districts, because of the great number of public insti- 
tutions which the city is compelled to create for the welfare of 
its people. The care of the streets, the protection of the pub- 
lic health, the care of the poor, the equipment of a fire depart- 
ment, the maintenance of adequate police force to protect 
life and property, and many other public interests all tend to 
increase the taxes. 



TAXATION 171 

In addition to these natural causes of increase of taxation, 
there are others of a different character. The weakest point 
in the political management of affairs in this country is the 
question of city finance and city government. In our great 
cities a large part of the voters pay no direct taxes, and thus 
have no great interest in moderate taxation and economical 
administration. In regard to the city officials themselves, the 
great fault is that responsibility is so divided that it cannot be 
forcibly brought home to any one. Further restriction of the 
power of the State Legislature to interfere by special legisla- 
tion with municipal government and the conduct of municipal 
affairs would seem to be necessary. Taken all in all, the 
forces that destroy true democratic government are most 
active in cities, and the defensive forces are most ill placed 
for resistance. 

How the Taxes are Collected. — The collection of all taxes, 
except the so-called delinquent taxes, is in charge of the city 
treasurer. On and after the first day of November in each 
year, the city treasurer must place duplicates of taxes in the 
hands of tax collectors by him appointed. These officers are 
paid by councils, and exercise all the powers vested by law in 
the collectors of State and county taxes. 

City Sinking Fund. — Every city must create a sinking fund, 
which shall be inviolably pledged for the payment of its 
funded debt (181). 

School Taxes. — The question of school taxes and funds is 
discussed in the chapters on Education. The school district 
tax is levied by the board of directors, and collected by the 
stated tax collectors. Taxes are assessed and levied for school 
purposes upon real estate and personal property as provided 
by law. There is also an occupation or per capita tax of one 
dollar, assessed upon each and every male inhabitant of the 



172 PENNSYLVANIA 

age of twenty-one years and upwards. Whenever a building 
tax is levied, the assessment made for that purpose must be 
voted and calculated as a separate tax. The directors must 
confine their disbursements of the proceeds of such tax strictly 
within certain specified limits, such as the purchasing of 
grounds, erecting buildings, fencing and improving grounds 
in connection with such erection, etc. The rate of the ordi- 
nary school tax must not exceed thirteen mills on the dollar 
of assessed property. The building tax for any one year 
may reach the same limit, but cannot be greater than the 
sum raised for the support of schools during that year. 
Twenty-six mills on the dollar is the highest tax that can be 
levied legally, in any one year, under the provisions of the 
general school law. 

Certain Property Exempt. — All taxes must be uniform 
upon the same class of subjects within the jurisdiction of the 
taxing authority; but the General Assembly may, by general 
laws, exempt from taxation public property used for public 
purposes, actual places of religious worship, places of burial 
not held for private or corporate profit, and institutions of a 
purely public charity. Thus, under the laws enacted, court- 
houses, jails, churches, hospitals and other places of benevo- 
lence, and all institutions of learning are exempt from taxa- 
tion; always provided that none of these be used for private 
profit (150). 

Planting Shade Trees. — In the Act of 1907, the Legisla- 
ture provided a system whereby townships of the first class, 
boroughs, and cities of the Commonwealth may have and 
enjoy something approaching systematic tree-planting. The 
commissioners of any township of the first class, or the coun- 
cils of any borough or city, may provide for the planting, 
protection, and care of shade trees. The cost of planting 



TAXATION 173 

the trees is borne by the owner of the property in front of 
which the trees are planted. The expense of caring for the 
trees thus planted is paid by a general tax. 

Roads: State Highway Commissioner. — The roads of 
Pennsylvania are generally poorly made, but the State is not 
exceptional in this respect. Supervisors are rarely skilled 
roadmakers, and their short term of office does not tend to fix 
responsibility nor lead to well-directed effort in road construc- 
tion. The people have been unwilling to pay the taxes neces- 
sary to the production of good roads. Taxpayers, too, have 
the right to work out their road tax, and the highways have 
suffered from the efforts of inefficient laborers. However, 
public sentiment has been aroused in the interest of improve- 
ment. Recent legislation, especially that of May, 1905, has 
authorized the State highway department to cooperate with 
the counties, townships, and with boroughs in certain in- 
stances, in the improvement of the public highways. Provi- 
sion is made for application to the department for State aid 
in such work; and also for the payment of the cost of highway 
improvements made, under the provisions of the act, by the 
State, the counties, and the townships. The appropriation 
for the six years ending May 31, 1909, exceeded $6,000,000. 

The executive officer of the department is the State high- 
way commissioner, appointed by the Governor for a term 
of four years. He must be a competent civil engineer, ex- 
perienced in the construction and maintenance of improved 
roads. Under the supervision of this officer, some of the 
principal roads of each county will be put into first-class con- 
dition. Three fourths of the expense in the construction of 
such State highways is paid by the State, while the county 
and township share the remainder equally. All persons 
using automobiles must procure licenses from the commis- 



174 PENNSYLVANIA 

sioner, and such fees are appropriated to the use of the depart- 
ment. 

In the natural operation of the growth of a community the 
opening of a new road may become necessary. The making 
of such road must be recommended by a road jury of three 
men appointed by the court. If the court approves the open- 
ing of the road, the jury fixes the damages to private property. 
These are paid by the county, but the township pays the 
cost of making the road. 

QUESTIONS 

What may be called the fundamental sovereign power of a govern- 
ment ? For what purposes are taxes levied ? How are taxes levied 
by the State ? For what special purposes are taxes levied in a town- 
ship in Pennsylvania? 

Why must taxes be imposed? What are some of the reasons why 
the liquor traffic must be regulated ? 

Show that taxation played an important part in the American 
Revolution. Where does the power to tax reside ? 

Distinguish between direct and indirect taxes. State the various 
authorities in whom the taxing power is vested. How are taxes levied 
by the United States ? What means has the owner of real property 
for securing change in the assessment of his property ? 

How are taxes assessed? How collected? What property is 
exempt from tax? 

What is an occupation tax? 

How are the public schools in this Commonwealth maintained ? 

What is the nature of a sinking fund ? 

Discuss the office and powers of the State highway commissioner. 

When has direct taxation been imposed in the United States? 

A certain town wishes to construct a sewer system, but has no 
money for that purpose. In what two ways may it legally proceed to 
obtain the required funds ? Which would be the better plan ? 

How does the tax collector know how much tax is due from each 
person ? Who vote the taxes in a borough ? 



CHAPTER XVIII 
CORPORATIONS 

Origin. — The term corporation, as used in this country, 
is applied to an association of persons authorized by law to 
transact business under a common name and as a single 
person. The origin of these artificial bodies is generally 
ascribed to Roman law, but it is probable that the true 
original of corporations is to be found in the Middle Ages 
when cities, towns, and societies of tradesmen obtained 
charters from kings and feudal lords in return for money 
furnished their rulers. In these charters certain privileges 
and immunities were granted, sometimes for the protection 
of personal liberty, and sometimes of the nature of trade 
monopoly. 

Classes. — Corporations are of two great classes: public 
and private. Public corporations are those which are formed 
as the instruments or conveniences of government, such as 
cities, boroughs, etc. Public corporations are often known 
as municipal corporations. Private corporations are those 
formed for the benefit and profit of the corporators, and of 
only incidental interest to the public. Two great classes are 
recognized under the laws of our Commonwealth: (a) cor- 
porations not for profit, and (b) corporations for profit. 

How Corporations are Created. — The consent of the gov- 
ernment is always essential in some form to the creation 
of a corporation. Formerly, many were created by special 

i75 



176 PENNSYLVANIA 

charter from the Legislature; but by the present State constitu- 
tion (52) the General Assembly is forbidden to pass any local 
or special law creating corporations or amending, renewing, 
or extending their charters. The Corporation Act of 1874 is 
the general law to which all corporations since then created 
owe their existence. The powers and privileges conferred 
have the same force and effect as if conferred and enjoined 
by special act of the Legislature. The courts of common 
pleas have the power to create : (a) corporations for the sup- 
port of any literary, medical, or scientific undertaking, library 
association, or the promotion of music, painting, or other 
fine arts; and (b) the support of any benevolent, charitable, 
educational, or missionary undertaking. Corporations are 
also formed by the voluntary association of three or more 
persons under the general law, the filing of a certificate of 
organization with the secretary of the Commonwealth, and 
finally by the approval of the Governor. The charter of an 
intended corporation for profit must be subscribed by two 
or more persons, one of whom, at least, must be a citizen 
of the Commonwealth of Pennsylvania. Corporations of the 
first class cannot obtain corporate existence in the court of 
common pleas, and then obtain transfer to the second class 
with all the rights, privileges, and obligations of corporations 
for profit. 

In the transaction of their .business, corporations are sub- 
ject to the same laws as persons. Their officers and agents 
are regarded, in law, as occupying the relation of servants 
to the corporations as masters liable for all damage or injury 
done to third persons by these agents in their business. It 
is in the nature of corporations to have a perpetual existence 
or succession, since the rights, duties, and privileges descend 
to the successive members of the corporation. Thus a body 



CORPORATIONS 177 

corporate lives after the persons who first composed it are all 
dead. A borough or city incorporated two hundred years 
ago, is the same borough or city, although none of its first 
inhabitants are living. So a railroad or banking corporation 
may exist long after the death of all the original corporators. 
This capacity of perpetual succession is the characteristic 
feature of a corporation as compared with other societies. 
Corporate business is done under a corporate seal; and a 
common definition in law books describes a corporation as a 
society with perpetual succession and a common seal. 

The General Assembly possesses the general right of super- 
vision of the business matters of corporations. Under recent 
amendments to the general laws for the chartering of cor- 
porations, no charter can be granted to a corporation for the 
conduct of more than one kind of general business, and that 
must be clearly set forth in the charter. 

The Term as Used in the State Constitution. — The term 
corporation, as used in the State constitution, includes all 
joint-stock companies or associations having any of the powers 
or privileges of corporations not possessed by individuals or 
partnerships (194). 

Powers of the Legislature. — The General Assembly can- 
not pass any general or special law for the benefit of any 
corporation unless that corporation shall thereafter hold its 
charter subject to the provisions of the State constitution 
(183). At the time of the adoption of the present constitu- 
tion, all charters not represented by bona fide organizations 
and business became void (182). The Legislature can revoke 
or annul any charter, revocable in 1874 or since created 
whenever, in their opinion, such charter may be injurious 
to the citizens of the Commonwealth (191). The powers of 
corporations must not be increased, except under certain 

Am. Cit. — 12 



178 PENNSYLVANIA 

conditions (183); and no law can be enacted which shall 
create, renew, or extend the charter of more than one cor- 
poration (191). 

The State's Right of Eminent Domain. — The State exer- 
cises the right of eminent domain over the property and 
franchises of incorporated companies, the same as over the 
property of individuals (184). The police power of the State 
over all corporations is supreme. 

Compensation to Individuals. — Municipal and other corpo- 
rations which have the privilege of taking private property for 
public use must make just compensation for property taken, 
injured, or destroyed. All cases of appeal are determined 
by jury, according to the course of the common law (189). 

Cumulative Voting. — Each member or shareholder in a 
corporation may cast the whole number of his votes for one 
candidate, or distribute them upon two or more candidates, 
as he may prefer (185). 

Foreign Corporations. — No corporation (186) not incor- 
porated under the laws of this State shall do any business in 
the State without having one or more known places of business 
and authorized agents in the same upon whom process may 
be served. It is not lawful for any foreign corporation to re- 
ceive deposits or transact any banking business whatsoever, 
in this Commonwealth, until it has filed at the office of the 
commissioner of banking a certified copy of the statement, lo- 
cating an office and naming an agent, as required by law to 
be filed in the office of the secretary of the Commonwealth. 

Scope of Business. — No corporation can legally engage 
in any business other than that authorized in its charter, nor 
can it legally take or hold any real estate except such as is 
necessary and proper for its legitimate business (187). 

State Banking Laws. — Every banking law (190) must pro- 



CORPORATIONS 179 

vide for the registry and countersigning by an officer of 
the State of all notes and bills designed for circulation, and 
security for the full amount must be deposited with the 
auditor-general for the redemption of such issues. There 
are at present no State banks of issue. Charters for banks 
and savings institutions are issued by the secretary of the 
Commonwealth. No corporate body possessing banking 
privileges can be created without three months' previous 
notice as prescribed by law, nor can such charter be granted 
for more than twenty years (192). 

Corporate Stocks and Bonds. — Corporations cannot law- 
fully issue stocks or bonds except for money, labor done, or 
money or property actually received; and all fictitious in- 
crease of stock or indebtedness is void (188). 

Telegraph Lines: Consolidation. — Corporations organized 
for the purpose, and individuals, have the right to construct 
and maintain lines of telegraph within the State, under the 
general laws enacted by the Legislature. The consolida- 
tion of competing lines is prohibited (193). 

The Governor Approves: Bonus. — The Governor's ap- 
proval is necessary to the granting of any charter of a cor- 
poration for profit organized under the general laws; and he 
issues letters patent to all corporations for profit created 
under the general laws of the State. A bonus of one third 
of one per cent, of the capital stock must be paid in full into 
the State treasury by all corporations, except building and 
loan associations, before papers can be filed or recorded in 
the office of the secretary of the Commonwealth, or letters 
patent can be issued by the Governor. 



CHAPTER XIX 
RAILROADS AND CANALS 

Importance of Railroads. — The railroads of the State are 
the most important factor of all concerned in the commerce 
of the Commonwealth. Indeed ; it is impossible to under- 
stand the domestic commerce of the State without a thorough 
knowledge of its transportation system. Without railroads, 
stagnation of business would result on all sides, and disturbed 
conditions would prevail throughout the State. The rail- 
roads are very important to those persons who depend upon 
their daily toil for their subsistence. The number of em- 
ployees alone is over five hundred thousand, and there are at 
least two million persons who are sustained through the em- 
ployment given by the railroads of Pennsylvania. 

Public Highways: Common Carriers. — Although they are 
of great public utility, railroads are not properly public 
works, since in this country they are constructed and con- 
trolled by companies incorporated for the purpose. In one 
sense, railroads are public highways (195) and post roads. 
All railroad companies are common carriers, that is, they 
carry goods or passengers for hire. As such they are bound 
to carry in all cases when they have accommodation, if the 
fixed price is tendered; and they are also liable for all losses 
and injuries, except in cases of the act of God, as lightning, 
storm, etc., and public enemies, as in time of war. Railroads 
are not expected to carry dangerous freight. They are not 

180 



RAILROADS AND CANALS 181 

obliged to carry freight unless the charges are prepaid; and 
if the agreement is made to take payment at the end of the 
route, the goods may be held until the freight is paid. The 
right to have persons and property transported is equal to 
all (201), and no undue discrimination can lawfully be made 
in charges and facilities inside the State (197). 

State has Right to Regulate. — Certain decisions of the 
Supreme Court of the United States have established the 
right of each State to restrict and regulate the business opera- 
tions of railroad corporations within the limits of that par- 
ticular State. It is also true that the State has the right to 
regulate the rates at which passengers and freight shall be 
carried by railroads; because such roads are public high- 
ways (195), controlled by corporations created by law, and 
therefore subject to the lawmaking power whenever it may 
choose to intervene (206). 

Extreme Limitation not Probable. — Railroad corporations 
are useful in so many ways that any general decrease in 
the facilities for forming them is improbable; but special 
restrictions and taxes will increase. The usefulness of a rail- 
road depends upon its public service : — its ability to conserve 
the convenience, safety, and economy of its passengers and 
shippers, as well as the prosperity of its employees and share- 
holders. The power of taking public property and franchises, 
now misused to a great extent, will be restricted and con- 
trolled. Through great railroad corporations, it is at present 
possible for one man to exercise power of a wholly irresponsi- 
ble nature. A great corporation, skillfully managed, be- 
comes dangerous to the rights of individual men. The old 
principle of the monarchy, banished from the field of govern- 
ment in our republic, asserts its strength in the important 
contests of industry and finance. There is nothing un- 



182 PENNSYLVANIA 

reasonable in the desire of the people to regulate these im- 
mense corporations and trusts, and to restrict the range of 
their action. 

Interstate Commerce Commission. — The Constitution of 
the United States gives Congress the right to regulate com- 
merce between the States; and this covers the right to regu- 
late and control the railroads in all matters pertaining to 
interstate commerce, even to fixing rates at which passen- 
gers and freights shall be carried. The Interstate Commerce 
Commission has succeeded in regulating railroad transpor- 
tation and charges in many material respects. Congress has 
no authority to deal with a railroad lying wholly within the 
limits of one State; but all lines which lie in more than one 
State, and lines in different States which by connecting are 
worked together as one line, come directly under its legis- 
lation. The railroads themselves are benefited by the estab- 
lishment of the Commission, for all discrimination, secret 
rebates, and special privileges are forbidden. 

Powers of Common Carriers Limited. — No incorporated 
company doing business as a common carrier can lawfully en- 
gage in mining or manufacturing articles for transportation 
over its lines (199). But any mining or manufacturing com- 
pany may carry its products on its railroad or canal not ex- 
ceeding fifty miles in length. Nor can the president, other 
officers, or the employees of any transportation company be 
interested in the furnishing of materials and supplies to the 
company (200). 

No Consolidation of Competing Lines. — The consolidation 
of parallel or competing lines is forbidden by the State con- 
stitution, and the officers of one company are restricted from 
serving as such in another. Juries decide whether companies 
are really managing competing lines (198). 



RAILROADS AND CANALS 183 

Granting of Passes Limited. — The granting of free passes, 
or passes at a discount, to any persons except officers and 
employees of the company is forbidden. The strict enforce- 
ment of this regulation has put an end to an abuse which 
had assumed immense proportions (202). 

A Great Railroad State. — Pennsylvania is, without doubt, 
the greatest railroad State, having 11,983 miles of railroad 
within its limits and a total mileage of 29,857 operated by 
its railroad corporations. The Pennsylvania Railroad is be- 
yond doubt the greatest railroad system in the world. Its 
headquarters are in Philadelphia, and its lines reach almost 
all parts of the State and far beyond to the eastward and west- 
ward, with an enormous freight and passenger traffic. Within 
the State alone it controls 3,452 miles of railroad. It is a 
prodigy of labor, wealth, and skill, and is in actual control of 
23,977 miles of track. The States through which the Penn- 
sylvania lines run contain 44,936,522 people; that is to say, 
the road touches directly the social and industrial life of half 
the population of the United States. It has over 134,000 
employees on the lines east of Pittsburg. Next in importance 
is the Reading Railroad, which controls extensive mileage in 
the eastern part of the State. This railroad lies in the an- 
thracite coal fields and ships large quantities of coal. The 
Lehigh Valley, the Delaware and Hudson, the Central Rail- 
road of New Jersey, and the Delaware, Lackawanna, and 
Western are also great railroads and owe their importance 
largely to the coal interests of that region. The Baltimore 
and Ohio Railroad comes up to Philadelphia in the east, 
and passes through Pittsburg on its way westward. The Bes- 
semer Railroad is an important line, engaged largely in the 
transportation of iron ores. Other railroads having large 
interests within the State are: the Erie, the Lake Shore and 



. 



1 84 PENNSYLVANIA 

Michigan Southern, the Pittsburg, Cincinnati, Chicago, and 
St. Louis, the Western New York and Pennsylvania, and the 
Pittsburg, Fort Wayne, and Chicago. The total capital 
represented by the 219 corporations of steam railroads reaches 
the enormous amount of $4,497,706,989. This is one fourth 
of the capital of all the steam railroads of the United States. 
Texas and Illinois are the only States that have a railway 
mileage exceeding that of Pennsylvania; but the capital- 
ization per mile of track is much higher in Pennsylvania 
than in other parts of the country. Many important facts 
in regard to the railroads of the State may be obtained by 
consulting their reports, made to the secretary of internal 
affairs, and published by the State (205). 

Street Railways. — Street railways are generally confined 
to boroughs and cities, and, until quite recently, the cars 
were moved by horse power. Electricity has banished the 
horse from the street railways, it being apparent that for the 
moving of street cars this invisible power is far superior to 
any other. The change from horse power to electric power 
has been rapid, and with this transition the limits and powers 
of the corporations have been extended. Yet it is evident 
that the General Assembly has not meant to enable them to 
perform the functions of steam railroads. Great efforts are 
now being made to put these roads to uses for which they 
were never intended. If street railways are to have rights 
of common carriers, they should be compelled to abandon the 
public highways, and to seek rights of way in the manner 
prescribed for steam railroad corporations. No street rail- 
way can be constructed within the limits of any township, 
borough, or city without the consent of the local authorities 
(203). Electric railways have already outgrown the laws 
which authorize their existence, and which are designed to 



RAILROADS AND CANALS 185 

control their operations. As the street railways now use 
the highways, the tendency is to divert travel from these 
thoroughfares and to render them dangerous to be used for 
their proper purposes. No electric line outside of municipal 
control should be allowed to cross a steam railroad at grade. 
In Pennsylvania, street railways are by law allowed to carry 
only passengers and mail, and certain classes of freight. 

Two Interesting Facts. — It is an important and interesting 
fact that the first railroad in America was built in Pennsyl- 
vania in 1809; antedating by seventeen years the horse rail- 
way at Quincy, Mass., incorrectly stated to have been the 
first railroad in the United States. In Delaware county, 
near the city of Chester, Thomas Lieper built, in that year, 
a horse railway connecting his quarry with a boat landing on 
Ridley creek, one mile distant. 

In the National Museum at Washington, there is still 
preserved the famous "Stourbridge Lion," a locomotive im- 
ported from England for the Delaware and Hudson Canal 
Company, by Horatio Allen, and run by him on its first trip. 
This was the first run made by any locomotive on the West- 
ern Continent, and was made at Honesdale, Pennsylvania, 
in 1829. 

Canals. — The Commonwealth of Pennsylvania formerly 
had nearly 1,000 miles of canals, in large part constructed 
by the State, and lying mainly along the Delaware and Sus- 
quehanna rivers and their tributaries. Competition, due to 
the rapid growth of the railroad systems of the State, has 
made most of the canals unprofitable; those built by the 
State have been sold, to the railroads, and are now, for the 
most part, abandoned. The Delaware and Hudson canal, 
from Honesdale to the Delaware river, and the Lehigh river 
canal of the Lehigh Coal and Navigation Company, still 



. 



1 86 PENNSYLVANIA 

transport great quantities of coal. Parts of the Susque- 
hanna canal and the Schuylkill canal are still used to some 
extent. 

QUESTIONS 

Discuss the topic "Corporations and their relation to the State." 
Has the State or the United States the constitutional right to become 
the owners of the telegraph and railroad lines of the country ? 

From what source do corporations receive their power? 

Give some of the more interesting and important facts concerning 
the railroads of the Keystone State. 

What is a common carrier? Where does the State obtain the right 
to restrict and regulate railroads ? Discuss the Interstate Commerce 
Commission. 

What is meant by the term eminent domain ? Under what circum- 
stances may municipal and other corporations take private property 
for public use ? 

What is cumulative voting? 

When is consolidation of lines of telegraph prohibited? 

Who constitute the managing body in a school district? In a 
township? In a borough? In a city? In a county? In the State? 
In the United States? In a railroad? In a bank? In an insurance 
company ? In a church ? In a college or university ? 

Write a list of all the corporations that you know or have ever 
heard of, grouping them under the heads public and private. 

State some of the general powers of a corporation. Name some of 
the general powers of a bank. Of a city. 

What does the State constitution set forth concerning corporations? 



CHAPTER XX 
EDUCATION: HISTORIC SKETCH 

Early Ideals. — The origin of the public schools in Penn- 
sylvania may be traced to the Frame of Government pre- 
pared by William Penn in 1682. Penn was a well-educated 
man, and a firm believer in popular education. In the twelfth 
section of his Frame of Government, he provides that the 
Governor and the Provincial Council shall erect and order all 
public schools, and encourage and reward the authors of use- 
ful sciences and laudable inventions in the province. He 
urges education as the means for preserving good government. 
"That which makes a good constitution must keep it, namely, 
men of wisdom and virtue, qualities that, because they do not 
descend with worldly inheritances, must be carefully propa- 
gated by a virtuous education of youth." 

The first General Assembly at Upland legislated Upon 
education. Instruction was to be given in the laws, and 
practical civics was to be taught in the schools. Legislation 
in the next General Assembly made education compulsory, 
and the county courts were directed to see to the enforce- 
ment of the law. This was one of the strongest and most 
comprehensive compulsory education laws ever passed, and 
is unique in early American history. It is plain that William 
Penn wished to secure to Pennsylvania a complete system of 
public education; but the conditions were not favorable, and 
the Frame of Government of 1701 is entirely silent upon the 

187 



—^^^^^^^ 



188 PENNSYLVANIA 

subject of education. Yet, without doubt, Penn intended 
in the beginning to make education universal. 

The Oldest School. — But the oldest school in the Com- 
monwealth dates back to those early times. The William 
Penn Charter School of Philadelphia was established in 1689, 
and chartered in 1697. It has been continuously in operation 
down to the present time, and ranks with the Parochial 
School of the Dutch Church, New York, and the Latin School 
in Boston as one of the oldest schools in the country. It is an 
endowed school of a high order designed to give instruction 
in the classical languages, but free only to those whom 
the charter designated. In those early days the term "free 
school" was used as an equivalent for public school, but 
schools absolutely free were unknown. This "free school" of 
the Friends was a private institution managed by the leading 
Quaker citizens, and open to children of all denominations. 
It was not a public school such as we know to-day, but in one 
respect was a hundred years in advance of other schools, in 
that it admitted both sexes on equal terms. 

The Germ of a Great School. — As early as 1726 a school 
for classical and theological studies was established by the 
Rev. Wm. Tennent at Neshaminy in this State. It was known 
as the "Log College." This school in the wilderness was the 
center of deep and abiding interest in education as well as in 
religion. It was a log house about twenty feet square, a 
habitation poor and mean. "But it is not the house and furni- 
ture that make a school — these are dead; the teacher is the 
school alive, the inspiring force that makes scholars and men." 
Gathered about him in the old log schoolhouse were the 
choice young men of his time. Eternity alone will tell how 
much this college of the talented Irishman did for higher edu- 
cation in this country. Out of this "Log College" grew di- 



EDUCATION : HISTORIC SKETCH 189 

rectly that great Presbyterian institution of learning, Prince- 
ton University. Washington and Jefferson college, as well as 
Dickinson, had the same origin. The passionate devotion of 
such men has done immeasurable things for America. The 
spirit of their ancestors, the old Scotch Covenanters, finds its 
highest exemplification in that picture, which we may see in 
the mind's eye, of that great Pennsylvanian, Thaddeus Stev- 
ens, as he stood in the glory of his early manhood, with raven 
hair and finely chiseled face, braving popular disapproval 
and a hostile Legislature, when he won that greatest triumph 
of his eventful career, and by sheer force of eloquence saved 
the free school system of the Keystone State, that the blessing 
of education might be carried to the poorest child of the 
poorest inhabitant of the meanest hut on the mountains. 

The First Incorporated Academy. — Through the efforts 
of Benjamin Franklin, a school was established in Philadel- 
phia in 1749, and incorporated as an Academy in 1753. This 
was the first institution in America to be formally given that 
title. For its establishment and maintenance a fund was 
raised by subscription, and this was supplemented by a grant 
from the treasury of the city and by tuition fees. The acad- 
emy was under the control of a self-perpetuating board of 
trustees, and there were three courses of study: Latin, Eng- 
lish, and Mathematics. Much attention was given to the 
teaching of the English language and literature, and to the 
mathematical sciences. At once the school became a high- 
grade seminary, at the same time fitting young men for 
college. Soon it had over four hundred students; was 
chartered with college privileges; had an extended course of 
study, including a law department, and a medical depart- 
ment the oldest in America. It drew students from half the 
colonies, and at the close of the Revolution was merged in the 



iqo PENNSYLVANIA 

University of Pennsylvania. The medical department from 
which that of the University took its rise was started in 1765. 
Boston had no medical school until 1783, and no general 
hospital until 181 1. 

A Good Record. — With such a proud record of early 
scholastic life within her domain as is shown in these great 
living schools, the sons of the Commonwealth of Pennsylvania 
have no reason to feel ashamed of her early efforts toward the 
education of her children. Amid the pressing duties of the 
vigorous physical growth of the colony in the early days of 
settlement, the high ideals of what education should do for 
the young were difficult of attainment. During the colonial 
period many religious denominations established schools in 
various parts of the State. The history of these church schools 
and private schools is full of interest, and shows forth the 
tendency of the people to assume the local control of the 
schools. The idea of local self-government has always been 
strong in the Commonwealth. As the number of the church 
schools and private schools was far too small to supply the 
needs of the children, there arose a species of school which 
was the direct forerunner of the public school, although poor 
and lacking in many essentials. 

The Neighborhood Schools. — In forming such schools, the 
people in a community united in providing such means as 
were possible for the education of their children. These 
"pay" or "subscription" schools were generally established 
in sections settled by people of many different religious de- 
nominations, being less numerous in the older parts of the 
State. Very few church schools were ever established in the 
western part of the State. Common privations, common 
dangers, common interests, and common toils gave rise to 
common schools. Our forefathers built schoolhouses, em- 



EDUCATION : HISTORIC SKETCH 191 

ployed teachers, and sent their children to school as best they 
could; and the wonder is not that the schools were so poor, 
but that there were so many. When the Act of 1834 made 
common schools possible, there were four thousand school- 
houses in the State that had been built by cooperative, local- 
ized effort. The period of the Revolution was one in which 
little was attempted in the matter of educational growth, and 
the first fifty years of independence were years of readjust- 
ment. But however the leaders may have differed in their 
views of the powers and processes of government, they were a 
unit as to the principle that intelligence is necessary to citizen- 
ship. There was scarcely a neighborhood that did not have 
its schoolhouse in those early days. Neither in Pennsylvania 
nor elsewhere, whatever some writers may assert to the con- 
trary, could intelligence spring suddenly out of ignorance, 
nor good and sufficient schools be provided at once for the en- 
tire people. These neighborhood schools, crude and poor as 
they were, had the merit of being thoroughly republican in 
principle. When legislation came to perfect the form and 
systematize the working of a plan which had been adopted 
voluntarily by thousands of communities in the State, a grand 
home-grown system of public schools was the result. And 
this local control of schools affairs has ever been the funda- 
mental principle of the system of public education in Pennsyl- 
vania. 

Educating the Poor as a Class. — Soon after the close of 
the Revolutionary War the fact began to be recognized by 
many that education is fundamental to the civilization of a re- 
public. In the words of Washington: "In proportion as the 
structure of a government gives force to public opinion, it is 
essential that public opinion be enlightened." Yet the means 
taken to secure results were very imperfect. The constitu- 



192 PENNSYLVANTA 

tion of 1790 contained the following provision: "The Legis- 
lature shall as soon as conveniently may be, provide by law 
for the establishment of schools throughout the State, in such 
a manner that the poor may be taught gratis." 

This was incorporated into the constitution of 1838, and 
remained the only constitutional provision on the subject of 
education until 1874. For many years after 1790, all efforts 
toward general education were directed to providing instruc- 
tion free to those who were too poor to pay for it themselves. 
The Legislature did not attempt to establish schools, but only 
to make provision for the education of poor children in the 
church and neighborhood schools already existing. Such a 
system could not but fail in a State where the principle of 
equality has always held firm; yet out of these schools came 
at last the great idea that education must be free and uni- 
versal. 

Some of the Acts passed by the Legislature — especially 
that of 1809 — compelled the parents to make a public record 
of their poverty, and thus to send their children to school with 
this mark upon them. This plan of making the rich pay 
tuition fees, and the poor declare themselves paupers was 
odious to all; yet it differed little from the rate bill policy 
which prevailed in the so-called free school States of New 
England. As definite a mark of class distinction was set upon 
the poor in those States as in Pennsylvania. It has been justly 
said that a State with rate bills may have a system of public 
schools, but it cannot be said to have a system of free schools. 
In adopting a system of absolutely free schools, Pennsylvania 
was one of the foremost States in the Union. 

The Free School Act of 1834. — The passage of the Common 
School Act of 1834 is historically the most important event 
connected with education in the State — the first great victory 



EDUCATION : HISTORIC SKETCH 193 

for free schools in Pennsylvania. The Act was entitled, "An 
act to establish a general system of education by common 
schools." The vote in the Legislature was nearly unanimous; 
but the victory was too easily gained to be secure without 
further struggle, and the real contest took place in the next 
Legislature. There, in the fight against the repeal of the bill, 
the victory was at last gained under the masterly leadership of 
Thaddeus Stevens. 

The Act of 1834 was well received in the northern and 
western counties, but met with violent opposition in the cen- 
tral and southeastern counties. Many reasons for opposition 
were urged. Some people held that the education of the 
masses was dangerous, in that it encouraged idleness, vice, 
and crime ; others were opposed because of lack of sympathy 
with free schools and of reluctance to be taxed for the support 
of education. Churches had established schools, and many 
of the members could see no reason why these should be 
abandoned and new schools provided through taxation. The 
large German element in the population of some sections 
feared that the German language would be displaced, since 
all teaching in the new schools was to be in English. 

Undismayed by the storm of opposition, the friends of the 
public schools rallied to their support. Not only was the 
attempt at repeal defeated, but some very valuable amend- 
ments to the act were secured. One noted feature of this 
fight for the public schools was the great speech made in the 
house of representatives by Thaddeus Stevens. The one 
thing which he ardently desired above all others, was to see 
Pennsylvania standing up in her intellectual strength, as she 
confessedly does in her physical resources, high above her 
rivals. Near the close of his life the great statesman, who had 
done so much for the very life of the Nation, said that he had 

Am. Cit. — 13 



IQ4 PENNSYLVANIA 

done nothing upon which he looked back with such pride as 
upon his defense of the free school system of the Common- 
wealth of Pennsylvania. 

Three Governors of the State must be mentioned as ren- 
dering particularly valuable services toward the adoption 
of the public school system, — Governors Shulze, Wolf, and 
Ritner. Governor George Wolf, a teacher, had the honor 
of signing the Free School Act of 1834. 

A Period of Organization. — By the Act of 1834 the schools 
were made accessible alike to the rich and the poor, and a 
great step was taken toward securing to every child the oppor- 
tunity of acquiring a good English education. But the work 
was but just begun; and, in the Legislature of 1836, earnest 
efforts were made to correct the school law and to mold it 
into working shape. The real foundation of our present 
system of common schools is the law of 1836, many of its 
provisions remaining in full force to-day. Thomas H. Bur- 
rowes, at that time secretary of the Commonwealth and super- 
intendent of common schools, did more than any other man 
to put into successful operation our common school system. 
The teachers and the people reap to-day the fruits of his 
wisdom and labors. 

An Educational Revival. — After this period of organiza- 
tion came the important educational revival movements of 
1854 and 1857, when laws were enacted that have done much 
to give life and strength to the system of schools. The provi- 
sion establishing the office of county superintendent was the 
great feature of the Act of 1854. This has been of untold bene- 
fit to popular education, and has vitalized and made effective 
the work of the whole system. It has placed the State system 
of schools far in advance of those systems which have either 
never had the office of county superintendent, or never have 



EDUCATION : HISTORIC SKETCH 195 

specified any literary or professional qualifications for those 
holding the office. 

The Establishment of Normal Schools. — As a result of the 
work of the county superintendency came the demand for 
State normal schools. Normal institutes were established in 
various counties. In the little town of Millersville, Lancaster 
county, was established, under the guidance of county super- 
intendent James P. Wicker sham, an institution which by its 
success largely decided public opinion in favor of normal 
schools for the training of teachers. It had great influence in 
shaping the normal school policy of the State, and became 
the first of our State normal schools, and the mother of all of 
them. 

Names Worthy of Remembrance. — The names of Gov- 
ernors and State superintendents and deputy superintendents 
are to be remembered in connection with these revivals in 
educational interest. Many chapters in the history of educa- 
tion might be written concerning each. Thomas H. Bur- 
rowes drafted the normal school law, and rendered other dis- 
tinguished services as an educator. Henry L. Dieffenbach 
prepared the final draft of the revised school law of 1854; and 
Governor William Bigler was constantly consulted during 
the revision, and used his personal influence in securing its 
passage. Henry C. Hickok, by his vigilance and zeal and by 
the support of Governor James Pollock, was enabled to pro- 
tect the Act of 1854 and the county superintendency. He 
helped to secure the passage of the act under which the nor- 
mal schools were established. Andrew G. Curtin, who as 
Governor of the State during the Civil W T ar made a great 
record in support of the Nation, as State superintendent of 
common schools in 1856 did much to steady the work of 
school reform by his conservative policy. State superin- 



196 PENNSYLVANIA 

tendents James P. Wickersham and Elnathan E. Higbee, in 
the era of growth which followed the close of the Civil War, 
rendered distinguished services to the perfecting of a system 
of schools in which every child may consider himself as 
started on a way which may lead him to the highest places. 
The labors of State superintendents D. J. Waller, Jr., and 
Nathan C. Schaeffer, and their able deputies Henry Houck, 
John Q. Stewart, A. D. Glenn, and Reed B. Teitrick, are 
too well known to need commendation to the teachers of the 
State which has been honored by their supervision. These 
educators have exercised great influence upon legislation, and 
under their efficient direction many improvements have been 
made in the school system of the Commonwealth of Pennsyl- 
vania. 

QUESTIONS 

Discuss the origin of the school system of Pennsylvania. 

What were the "neighborhood schools " ? What is said concerning 
the rate bill policy of the New England States ? 

What was the estimate placed by Thaddeus Stevens upon his 
work in defense of the Free School Act of 1834? 

Name six men who have served as Governors of Pennsylvania, and 
have influenced the schools particularly. 

Discuss the establishment of State normal schools in Pennsylvania. 
What is said of the system? 



CHAPTER XXI 
EDUCATION: THE SCHOOLS TO-DAY 

The District the Unit. — Under the provisions of the gen- 
eral laws concerning education, the State has what is known 
as the district system of public schools. These school dis- 
tricts conform substantially with the political divisions of 
the State. Each township, borough, or city is a distinct cor- 
poration for school purposes. The law makes provision for 
the organization of special and independent districts under 
certain circumstances; but it is not the intention to cut up 
townships into single districts for each school, nor to separate 
the wealthier portion of a township from the poorer portion 
to the prejudice of the rights and interests of the latter. A 
school district contains on an average about ten schools, all 
under the control of the same school officers. There are, in 
round numbers, twenty-six hundred school districts in the 
State. 

The School Directors. — The school affairs of each dis- 
trict are administered by a board of school directors or con- 
trollers. These officials are chosen by the voters at the regu- 
lar local election on the municipal election day. They 
hold office for a term of four years, and serve without pay. 
Directors take office on the first Monday in June, and are 
required to organize within ten days after. The officers of a 
school board are a president, secretary, and treasurer. In 
cities, the first two of these must be members of the board; 

197 



1 98 PENNSYLVANIA 

but in the township and borough districts the secretary may 
be a member of the board, or otherwise. The school board 
consists of six members in the townships and small boroughs, 
and generally of a larger number in the large boroughs and 
cities. There are over sixteen thousand six hundred school 
directors in the State. School directors have the power to 
purchase grounds, to erect schoolhouses, to levy and collect 
taxes for the regular support of the schools and for building 
purposes, to regulate the course of study except as to studies 
prescribed by law, to expel all incorrigible children, to pur- 
chase text-books, to fix the length of the school term un- 
der certain limitations, and to determine salaries. A school 
board is a body corporate, and can make contracts, acquire, 
hold, and dispose of property. It exercises general super- 
vision over the schools of its entire district. Directors must 
hold at least one regular meeting every three months, and 
must have every school visited by one or more of their number 
at least once a month. The result of such visit must be entered 
upon the minutes of the board. They are required to make 
an annual report to the county superintendent. A township 
board acts as a board of health, and may appoint a sanitary 
agent under the approval of the court. 

Election of the County Superintendent. — The school di- 
rectors meet in convention at the county seat and elect a 
county superintendent, who must have superior qualifications 
of moral character, scholarship, and professional skill. His 
salary is ten dollars for each of the first one hundred schools 
within his jurisdiction at the time of his election, rive dollars 
for each school above one hundred and under two hundred, 
and two dollars for each additional school; but in no case 
can the salary of a county superintendent be less than one 
thousand (Si, 000), nor more than two thousand (S2,ooo). In 



THE SCHOOLS TO-DAY 199 

all counties having twelve hundred square miles of territory, 
or a school term exceeding seven and one half months, the 
salary of the superintendent cannot be less than fifteen hun- 
dred dollars ($1,500). School directors may, however, in- 
crease the salary out of the school fund of the county over 
which the superintendent has supervision. The superintend- 
ent of the county cannot teach in the public schools unless he 
does so without compensation for such service. 

Number of Schools: Terms. — There are in the State over 
thirty-three thousand schools, with over one and one quarter 
million children in attendance, and over thirty-four thousand 
teachers. The law makes the provision of a sufficient number 
of schools compulsory, and they must be kept in session at 
least seven months in the year, but not more than ten months. 
It is the manifest intention of the law to give to every indi- 
vidual in the State, above the age of six and under twenty- 
one years, an opportunity of attending school at least seven 
months in each year. If the directors refuse or neglect to 
provide such an opportunity, they may be removed from office. 
Twenty days of actual teaching constitute a school month. 
School must not be kept open on any Saturday for the pur- 
pose of ordinary instruction, except when Monday is fixed 
by the board of directors as the weekly holiday. Nor must 
the school be kept open on Sunday, Fourth of July, or 
Christmas, nor during the regular teacher's institute of the 
county or district under the supervision of the superintendent 
who has called the institute. 

State Expenditures. — The money expended in the support 
of the public schools is derived from two sources: direct 
local taxation in the school districts, and the State appropria- 
tion (164). The latter amounts to five and one half million 
dollars annually. The amount raised by local taxation is 



200 PENNSYLVANIA 

very large, so that the total annual expenditures for public 
school purposes are over thirty-four million dollars. The 
State has no invested school funds, but the total value of 
public school property exceeds ninety million dollars. 

Under the law for the distribution of the common school 
fund, one third of the money is distributed on the basis of 
the number of taxables; another third is distributed on the 
basis of the number of paid teachers regularly employed; 
and the remainder on the basis of the number of children of 
school age, between six and sixteen years, residing in the 
respective school districts of the several counties of the Com- 
monwealth. This law works to the advantage and efficiency 
of the country schools. 

The public schools educate the great mass of the children 
of the State, and are constantly growing more efficient and 
popular. 

Free Text-book System. — In order to bring the advantages 
of free schools fully home to all, the State has an excellent 
plan for furnishing free schoolbooks. School directors are 
authorized and required to purchase, at the expense of their 
respective school districts, all the necessary schoolbooks and 
supplies for the use of children in attendance upon the 
schools. Books and school supplies are furnished free of 
cost to all children in attendance. Each district determines 
for itself all questions which may arise as to the adoption, 
purchase, and introduction of schoolbooks, without any in- 
terference by county or State authorities. The progress of 
education is not allowed to be retarded by State or county 
uniformity in the matter of text-books. Efforts have at times 
been made to enact laws providing for uniformity in the 
school districts throughout the Commonwealth. The in- 
tention was that the State should undertake to prepare and 



THE SCHOOLS TO-DAY 201 

publish all text-books used in the schools. It has been thought 
best, however, to leave the selection of schoolbooks, as well 
as the building of schoolhouses and the employment of 
teachers, in the hands of the immediate neighbors and rep- 
resentatives of the people they serve. Local control is a basic 
principle in the public school system of Pennsylvania. 

Certain Studies Required. — Certain studies are required 
to be taught in the public schools; these branches are orthog- 
raphy, reading, writing, English grammar, geography, arith- 
metic, and physiology and hygiene. A system of humane 
education, including the kind treatment of birds and animals, 
must also be included in the branches taught. The directors 
may require other studies; and the law concerning the re- 
quired qualifications of teachers in the Commonwealth, names 
the other studies by implication. Besides a knowledge of the 
theory of teaching, the teacher must have a fair knowledge 
of the branches named above; and, also, of the history of the 
United States, civil government, mental arithmetic, and ele- 
mentary algebra. 

The law allows boards of directors to establish free kin- 
dergartens for children between the ages of three and six 
years. They may also establish free public libraries. 

Compulsory Education. — The State has a compulsory edu- 
cation law which applies to children between the ages of eight 
and sixteen. There are exceptions to this rule; it does not 
apply, for example, to any child, between the ages of thirteen 
and sixteen, who can read and write the English language 
intelligently, and is regularly engaged in some useful employ- 
ment. It requires continuous attendance during the entire 
time in which the public school is in session, unless excused 
for good and sufficient reasons by the board of directors. 
The school board has the power to reduce the period of com- 



202 PENNSYLVANIA 

pulsory attendance to not less than seventy per centum of the 
school term in the district. Whenever this is done, the board 
must fix the time when compulsory attendance begins. 

Boards of directors in cities must, and in all other districts 
may, appoint a truant officer, with police power, to be paid 
out of the school fund, to enforce the compulsory attendance 
law. Directors have also the power to establish special 
schools for habitual truants or those who are insubordinate 
or disorderly while in attendance upon the public schools. 

The good effects of this law are apparent, as is shown in 
the increased attendance, especially in the cities and more 
populous parts of the Commonwealth. One of the strongest 
points in favor of the compulsory education law is its moral 
effect. The people are already beginning to realize the folly 
of neglecting the education of children, and can see the 
wisdom in the words of Chancellor Kent: "The parent who 
sends his son into the world uneducated, defrauds the com- 
munity of a useful citizen, and bequeaths it a nuisance." 
Illiteracy and ignorance will not be banished from our Com- 
monwealth until public opinion rules that neither the cupidity 
and carelessness of the parents, nor the waywardness of the 
children themselves, shall be allowed to abridge youth's 
right to acquire knowledge and receive moral training. 

The people of the Commonwealth demand that the public 
schools shall do more than educate in the sciences and the 
arts. With the increasing tide of immigration, and the ad- 
vances in the standards of living, comes the need that our 
schools shall develop in the pupils the American type of 
character. Among the essentials of that character we find 
the belief in law, — that respect for the will of the people 
which alone can make good citizens ; a belief in a government 
founded upon representation; and a belief in liberty, democ- 



THE SCHOOLS TO-DAY 203 

racy, and equality — not equality in wealth or brains, but 
equality in opportunity to work and to develop the better 
self. It is the glory of our great Nation to-day that we are 
the exemplars of such principles among the civilized nations 
of the world. 

High Schools. — A system of public instruction cannot be 
considered complete or satisfactory if it does not provide 
secondary schools for those who wish to pursue learning be- 
yond the mere elementary branches. The high school meets 
this want, and is a direct outgrowth of the grading of schools 
in boroughs and cities. Wherever these schools have been 
established for giving the advantages of secondary instruc- 
tion, the number of persons availing themselves of the ad- 
vantages afforded is much larger than most persons have 
supposed. These schools not only place this advanced in- 
struction within reach of the great majority of young people, 
but they enable those who desire to attend colleges and 
universities to prepare themselves so that they may enter 
those higher courses of study necessary to develop and per- 
fect the powers with which man is endowed. 

The State now makes generous provision for the support 
of high schools. In districts wherein the population is 5,000 
or more, the boards of directors may establish high schools, 
free to all children under the age of twenty-one years, who 
reside within the school district and who are found competent 
to enter upon the course of study provided. The law estab- 
lishes three classes of high schools. A high school offering 
a course of instruction covering four years beyond what, is 
prescribed in the elementary schools is accredited as of the 
first class. High schools of the second class and third class 
offer three years and two years respectively in advance of 
the common schools. The college of fifty years ago did not 



204 PENNSYLVANIA 

provide any course superior to that which the high school 
of the first class now offers, free of charge, to all who will 
avail themselves of the benefits which it affords. Certain 
provisions of the law leading to the centralization of rural 
schools and the free transportation of pupils will do much 
to improve the condition of country schools. 

Directors of a township, or of two or more townships 
jointly, may establish high schools, which, maintaining the 
course prescribed by the State superintendent, shall be en- 
titled to appropriations from the State according to the grade 
of the school maintained. Every high school, established in 
accordance with the school law, is under the supervision of 
the city, borough, or county in which it is located. 

A high school of the first class receives as aid each year, 
a sum not exceeding eight hundred dollars; of the second 
class, six hundred dollars; and of the third class, four hundred 
dollars. Where two or more districts establish a joint high 
school, such schools may share in the appropriations made 
for high schools under regulations made by the State board 
of education. The directors of every district receiving aid 
as above must employ at least one teacher legally certified 
to teach bookkeeping, civics, general history, algebra, ge- 
ometry, plane trigonometry and surveying, rhetoric, English 
literature, Latin — Caesar, Virgil, and Cicero — physics, chem- 
istry, botany, geology, and zoology. The office of high 
school inspector has been created by recent action of the 
Legislature. Two inspectors have been appointed and have 
entered upon their duties. 

Teachers' Certificates : Minimum Salary. — A teacher, serv- 
ing as such in the public schools, must hold some regular 
form of certificate if compensation for services is expected. 
A teacher's certificate should be an evidence of full qualifica- 



THE SCHOOLS TO-DAY 205 

lion and permanent standing in a learned profession. But 
the needs of some of the districts render necessary the grant- 
ing of some certificates of quite low grade. The certificate 
lowest in grade is the provisional certificate, granted upon 
examination of candidates by county or district superintend- 
ents. These are good for one year only, are valid only where 
issued, and cannot be renewed without reexamination. Such 
certificates may be issued to persons who pass thorough ex- 
aminations in spelling, reading, writing, physiology and 
hygiene, geography, English grammar, arithmetic, elemen- 
tary algebra, history of the United States and of Pennsyl- 
vania, civil government — including State and local govern- 
ment, school management, and methods of teaching. Higher 
certificates are the professional, the permanent, the normal 
certificates, the practical teachers' State certificate, and the 
State teachers' permanent certificate which is granted to 
graduates of college by the State superintendent upon proof 
of three years' successful teaching in the public schools. 
After two years' successful teaching, normal graduates may 
receive life certificates. 

The minimum salary now paid to teachers is $40.00 per 
month. Any district failing to comply with this provision for- 
feits its State appropriation during the whole time the law is 
violated. The minimum salary of every teacher, holding a 
professional certificate valid in every part of the Common- 
wealth, who has taught successfully for two years and pre- 
sents a certificate from his superintendent to that effect, is 
$50.00 per month. 

Training of Teachers: Normal Schools. — The Common- 
wealth has a system of thirteen State normal schools estab- 
lished by joint State and private contributions, and controlled 
by boards composed of State and local trustees. Each school 



206 PENNSYLVANIA 

has extensive buildings, a large corps of instructors, and an 
annual attendance of several hundred students. The aggre- 
gate attendance is over six thousand, and most of these stu- 
dents are preparing to teach in the public schools of the State. 
Over one thousand teachers are graduated each year, and as 
many more go out to teach as undergraduates. The growth 
of these schools in recent years has necessitated the erection 
of many additional buildings. The course of study extends 
over three years, and fits the graduate for position as teacher 
in the high schools and common schools. The tuition is 
practically free to all students who are preparing to teach in 
the public schools. The State superintendent is charged with 
the performance of important duties in regard to the exami- 
nation of the graduates and other students, and is assisted 
therein by his deputies and by county and district superintend- 
ents whom he designates for the purpose. The normal schools 
are an integral part of the public schools, — a part upon which 
the true elevation of the common schools vitally depends. 
It is certain that the degree of general and professional cul- 
ture of the teachers determines the degree of culture of the 
vast majority of the young men and women of the State. 
Thus the education of the teachers becomes a State question 
of great importance, because it affects the welfare of the 
whole people. Normal schools should prepare teachers for 
the common schools and for the high schools. Life alone 
cannot furnish the discipline of school, and the results which 
the students obtain from school discipline and instruction 
will always be in exact proportion to the value of the teacher. 
Wherever a school fails in power and influence, it does so be- 
cause of its teachers; wherever a school advances in in- 
fluence and in educational power, it is by means of better 
teachers. There is no other way. 



THE SCHOOLS TO-DAY 207 

Institutes. — Once in each year, the county superintendent 
is authorized and required to organize the teachers into an 
institute for improvement in the science and art of education. 
The time and place of meeting, the selection of the instructors, 
and the general management of the institute are by law placed 
under his control. The institute is one of the most important 
agencies for inspiring teachers to do their best work. Penn- 
sylvania has the best system of institutes ever devised. It 
reaches all the teachers, and the absences from the sessions 
are few. Instances are on record in which every teacher in 
a county was in attendance. Funds are appropriated from 
the county treasury to enable the superintendent to secure the 
best instructors. The schools are dismissed while the insti- 
tute is in session, and teachers in attendance receive the same 
pay as while engaged in teaching. The interest which the 
superintendent naturally takes in the success of his institute 
leads to an adaption to the local needs, and a degree of in- 
spiration seldom reached in States which place upon. the State 
school department the management of teachers' institutes. 
Pennsylvania is one of the few States which use the word Com- 
monwealth in the State constitution; and this is significant, 
for the whole tendency is against the centralization of power. 
The school law does not vest in the State superintendent any 
special authority, or impose upon him any duties in connec- 
tion with annual institutes; yet the State superintendent and 
his deputies are among the most popular instructors at county 
and city institutes. The annual institute has become a very 
potent factor in molding public opinion. 

Cities and boroughs having not less than fifty teachers may 
hold separate institutes, the city or borough superintendent 
directing and controlling as the county superintendent does 
in the county institute. Under the auspices of the institutes 



208 PENNSYLVANIA 

have grown up the directors' conventions which assemble 
during the week of teachers' institute. Usually one session 
of the teachers' institute is devoted to a joint meeting of the 
directors and teachers. 

All boards of school directors are authorized and required 
to pay from the district funds to the teachers employed in the 
public schools of their several districts, in addition to the com- 
pensation provided for in their contracts, two dollars per day 
for each day's actual attendance upon the sessions of the 
annual teachers' institute. 

Higher Education. — There are thirty-four colleges and 
universities in the State, some of them among the foremost 
in the country. The University of Pennsylvania is a great 
school, the oldest of our higher institutions of learning. 
Opened in 1749 in a room in a private dwelling, it has grown 
until its buildings are among the finest and most imposing of 
their kind in the United States. Thousands of students are 
in attendance, and, in the sense of teaching the whole circle 
of sciences, the University of Pennsylvania well deserves the 
name. 

Among the other higher institutions of learning may be 
mentioned: Lafayette, Franklin and Marshall, Allegheny, 
Dickinson, Washington and Jefferson, Bryn Mawr, Penn- 
sylvania, Ursinus, Swarthmore, Westminster, Grove City, 
Geneva, and Villanova colleges (165); University of Pitts- 
burg, Bucknell University, and Lehigh University. State 
College is supported by State and National funds, and its 
special work is to train students in those branches of learning 
which are fundamental in modern industrial pursuits. An 
institution which has an immense endowment is Girard 
College in Philadelphia, founded as a college for the educa- 
tion of orphan boys. Besides these schools, there are many 



THE SCHOOLS TO-DAY 209 

excellent professional, technical, and art schools; and the 
medical schools of Philadelphia have long been noted for 
their excellent work. The Carnegie Technical Schools, re- 
cently established in Pittsburg, give to earnest students that 
special training necessary to fit them for active duties in that 
great industrial center. The growing appreciation of higher 
education, and the demand for men and women of superior 
training, should do much to encourage the friends of the 
colleges and universities of our Commonwealth. 

Supervising Principals. — The board of school directors of 
any township having a population of over four thousand 
(4,000) may employ a supervising principal of the public 
schools. No person is eligible as a supervising principal un- 
less he holds a teachers' certificate valid in any part of the 
State. Supervising principals perform such duties as the 
school law and the directors require. Two or more districts 
may unite in the employment of a supervising principal. 

Vocational Schools. — The school law of the State should 
allow the board of school directors, in any district, to estab- 
lish in connection with the elementary schools, and as an inte- 
gral part of the public school system, certain schools for the 
training of children in industrial pursuits. These schools — 
vocational schools — in order to serve any useful purpose to 
the great group of our citizens must articulate with the pub- 
lic school system at some point, preferably with the grammar 
school. The vast majority of children leave school at the 
end of the grammar school period, and such vocational schools 
as may articulate with the grammar grades for the training of 
youth would take, in all probability, the form of training- 
schools for particular industries. They would be local in 
their character, and would seek to serve the needs of local in- 
dustry. The child trained in them would not be a skilled 

Am. Cit. — 14 



210 PENNSYLVANIA 

workman in any trade; but would have received that funda- 
mental training which would make him a skilled workman in 
a short time, and prompt him to a higher form of vocational 
efficiency than he would be likely to have otherwise. It 
seems clear that such schools will soon be established in vari- 
ous parts of the State. 

With the progress of civilization the notion that a trade is 
not so dignified a vocation as a profession will disappear, and 
wages become as honorable as salaries in the public regard. 
As the working hours reduce to coincide with office hours, and 
the shop improves in hygienic and aesthetic surroundings, — 
all these elements will tend to dignify and make attractive the 
various forms of labor. The schools must provide some means 
for training the young for the vocations which must be fol- 
lowed by a large portion of our people. Our public educa- 
tional system is dangerously defective in that it does not pro- 
vide any instruction in the kinds of service which the majority 
of the people are expected to render. Under proper guid- 
ance, a bright boy will probably learn more in two years in a 
trade school than in four years of apprenticeship, simply 
because those over him are interested in nothing but his 
progress. Real industrial training is a man-making educa- 
tion. The youth who tills the soil, builds, uses tools, and 
masters elementary processes is truly repeating the education 
of the race. 

To earn a decent living is not all of life; yet we must re- 
member that to earn a living is to render a service to society. 
If everybody did it, the millennium would be close at hand. 
Our social troubles to-day are mostly caused by those who 
will not earn their own living. Vocational schools, however, 
are not to be regarded as a panacea for all social ills. 



THE SCHOOLS TO-DA Y 211 

QUESTIONS 

How much State money did your school district receive last year? 

Discuss the schools of the present time. What is the school unit ? 
What is the amount of the State expenditures for schools ? 

What is the free text-book system? 

What are the required studies in the common schools ? 

To what children is the compulsory education law applicable? 
What are the exceptions ? Who appoints the truant officers ? 

What may directors do in regard to school libraries and kinder- 
gartens ? 

What provision does the State make for the support of high 
schools ? 

What certificates are issued to teachers? What is the minimum 
salary paid to teachers ? 

Discuss the annual institutes as factors in the advancement of the 
school system and the molding of public opinion. 

Name some of the colleges and universities of the State. What 
technical school has recently been established in Pittsburg? 

What are vocational schools ? 

Who is the present State superintendent? 

Who is the superintendent of schools in your home county ? 

Name one important law passed by the last Legislature in Penn- 
sylvania affecting the public school system. 



CHAPTER XXII 

THE DEVELOPMENT OF THE STATE CONSTI- 
TUTION 

Bases of Government. — Government in Pennsylvania, 
historically considered, naturally falls into three great divi- 
sions: — (i), the provincial period, extending from Penn's 
grant in 1681 to the Revolution in 1776; (2), the revolutionary 
period, ending with the adoption of the State constitution of 
1790; and (3), the period of the Commonwealth, beginning 
with the adoption of the State constitution of 1 790. 

As has been previously stated, the bases of the government 
of our State are found in the charter of King Charles granted 
in 168 1 ; the "Frame of Government" of 1682-83; the "Great 
Law" adopted by the first Assembly at Chester; and the 
"Charter of Privileges" granted by Penn in 1701, — which 
continued to be the practical constitution of Pennsylvania un- 
til the Revolution. 

State Constitutions. — The first constitution of Pennsyl- 
vania was inspired by a resolution passed by the Continental 
Congress in May, 1776, advising the assemblies and con- 
ventions of each of the colonies to adopt such government as 
would best lead to the happiness and safety of the people. 
Under the initiative of the Committee of Safety in Philadel- 
phia a State Convention, with Franklin as president, adopted 
a new constitution September 28, 1776. The State govern- 
ment was organized, and the new constitution was delivered 



DEVELOPMENT OF THE CONSTITUTION 213 

to the General Assembly at its first meeting, immediately 
after the speaker had been chosen. Thus this first constitu- 
tion went into effect a short time after independence was de- 
.clared. It was framed and adopted by a convention elected 
by the people. 

The constitution thus framed by State Convention, after 
the old Assembly which went back to the days of Penn had 
fallen to pieces in the Summer of 1776, was novel in many 
features and made the government of the State a centralized 
democracy. The first section placed the power in the hands 
of an Assembly, a Council, and a President. The supreme 
legislative power was vested in the Assembly, called the 
House of Representatives, and elected annually by the quali- 
fied electors of the Commonwealth. Members of the Supreme 
Executive Council were elected for three years. One was 
elected for each county and one for the city of Philadelphia. 
On joint ballot the Assembly and Council elected annually 
the President and Vice President. The President and the 
Council were the executive branch of the government. The 
Vice President acted in the absence of the President. There 
was no senate, and no veto. A novel feature was the Council 
of Censors, chosen once in seven years. Its duty was to in- 
quire whether the constitution had been kept inviolate, the 
taxes properly levied, the public money wisely expended, 
and the laws duly carried out. This Council of Censors, 
largely judicial in its character, was regarded as the bulwark 
against the tyranny of officials and the unjust acts of law- 
makers. 

Pennsylvania was the only one of the States which at 
first attempted to establish a single House of Assembly, 
Franklin himself being so far carried away by the principle 
of the sovereignty of the people, as to have concurred in the 



214 PENNSYLVANIA 

measure; but the imperfections in the plan soon called for 
change in the fundamental law, and the creation of a new 
constitution. 

In 1789 the General Assembly, which as we have seen con- 
sisted of the house of representatives only, submitted to the 
people the question of calling a convention to draft a new con- 
stitution. The majority of votes cast favored the calling of the 
convention, and at the next election delegates were chosen. 
The second constitution — that of 1790— was the result of 
their labors. The Constitution of the United States had sug- 
gested valuable ideas. The General Assembly was made to 
consist of the senate and the house of representatives; and the 
Governor, as the new executive was called, was elected di- 
rectly by the people. 

The third constitution, — that of 1838, — and the present 
one, which went into effect January 1, 1874, were drafted by 
constitutional conventions called in the usual manner. The 
third constitution was submitted to the electors and ratified 
by them October 9, 1838. It was amended in 1850, 1857, and 
1864. The present constitution was ratified by the electors 
of the Commonwealth December 16, 1873. -ft was amended 
in 1901 and 1909. 

The People Supreme. — If we study the manner in which 
these constitutions have been made, we shall see that a con- 
stitution is a frame of government established by a superior 
authority creating a subordinate lawmaking body which can 
do everything except violate the terms and transcend the 
powers of the instrument to which it owes its own existence. 
When the province of Pennsylvania became the State, and 
the connection with Great Britain was severed, the authority 
of the king passed over, not to the General Assembly which 
was still limited, but to the people of the now independent 



DEVELOPMENT OF THE CONSTITUTION 215 

Commonwealth. The will of the people speaks through what 
is now the State constitution, the fundamental organic law of 
the Commonwealth. 

Constitutions a Growth. — Useful constitutions are always 
a growth, and the elements which compose them are the prod- 
ucts of progressive history. As we have seen in the study of 
the several "Frames" granted by William Penn, and also in 
the several forms which our own State constitutions have 
assumed, constitutions continue to grow after they have been 
formed. They show a tendency to become much longer, and 
to regulate an increasing number of subjects. They cannot 
be written in unyielding language; for society changes, and 
constitutions must change with it. Nor should we forget the 
processes through which the State constitution has developed. 
One unceasing cry for liberty, the truest and the best, is heard 
all down the centuries of growth. At Germantown in 1688, 
the German Quakers or Mennonites voiced the first organized 
effort against slavery on American soil. "Have these negers 
not as much right to fight for their freedom as you have to 
keep them slaves?" On the eve of the Declaration of Inde- 
pendence, the Quakers of Pennsylvania commanded all 
Friends to free their slaves. On March 1, 1780, the Assembly 
of Pennsylvania passed an Act — among the first recorded — 
providing for the emancipation of slaves within the State. 

The antiquity of Pennsylvania as a separate Common- 
wealth, running back into the heroic ages of the early colonies 
and the days of the Revolutionary War, should be a potent 
source of local pride and patriotism to all who dwell within 
the limits of the State. As one of the original States, she gives 
a sense of historic growth and individual corporate life which 
could not be possessed were the Commonwealth the mere 
creature of the Federal Government. 



2l6 PENNSYLVANIA 

With this idea of growth in mind, let the student of civics 
carefully consider the constitution of the Commonwealth of 
Pennsylvania. 

QUESTIONS 

Discuss the development of the State constitution. How many 
constitutions has the State had ? 

What were some of the most striking features of the first constitu- 
tion? 

What was the Council of Censors ? What is said of the veto ? Of 
the single House of Assembly ? 

Give a brief account of the growth of democracy in America. 

Trace the development of the bicameral legislature in this coun- 
try. What are its advantages? 

In what respect are all constitutions a growth? When was the 
present constitution of Pennsylvania ratified by the people ? 

Where was the first organized effort made against American 
slavery ? 

Why are laws necessary when there is a constitution? 



CHAPTER XXIII 

THE PREAMBLE: DECLARATION OF RIGHTS: 
AMENDMENTS 

The Enacting Clause. — The first clause of the State con- 
stitution (i) is known as the preamble, and is in reality its 
enacting clause. It is an integral and necessary part of the 
constitution, and gives to the act all its force and effect. 

What its Elements are. — The preamble names the power 
that acts or speaks: "We, the people of the Commonwealth 
of Pennsylvania," — 

It tells the feelings which impel to the action, and the only 
recognized higher power: "grateful to Almighty God for 
the blessings of civil and religious liberty, and humbly in- 
voking His guidance," — 

And then tells what is done: "do ordain and establish 
this constitution." 

This constitution was framed and adopted by a conven- 
tion called by the General Assembly; yet these actions were 
only steps toward the great and binding acts of adoption by 
the convention, and final ratification by the people. The 
government proceeds directly from the people, and is ordained 
and established in the name of the people. The spirit of a 
time of peace animates the brief preamble. 

Declaration of Rights. — "That the general, great, and es- 
sential principles of liberty and free government may be 
recognized and unalterably established, we declare that" — 

217 



218 PENNSYLVANIA 

Here follow twenty-six propositions, many of them general 
political maxims and abstract statements of natural rights, 
yet serving to set forth the limitations which the people have 
placed upon their government. These propositions answer 
the purpose of a Bill of Rights. 

The Bill of Rights. — Each section in this declaration of 
rights is in a sense an assertion of the rights of the individual 
citizen as against the exercise of despotic power by the govern- 
ment. Historically considered, it is the most interesting 
part of the State constitution, and is a direct inheritance from 
the Magna Charta and all similar declarations and enact- 
ments down to the time of the English Bill of Rights of 1689. 
The enunciation of these general maxims of personal and 
political freedom has practical value as a safeguard against 
tyranny; and also as a reminder to the State Legislature of 
those fundamental principles of freedom which must not be 
overlooked. The influence of the Declaration of Independ- 
ence may be traced in this declaration of rights. 

Natural Rights. — All men are born equally free, and have 
a natural, inherent, and indefeasible right to enjoy and de- 
fend life and liberty, to acquire, possess, and protect property 
and reputation, and to pursue their own happiness (2). 

Object of Government. — The true object of all govern- 
ment is the peace, safety, and happiness of the people, in 
whom is vested all power and right to alter, reform, and 
abolish their government in such manner as they may think 
proper (3). 

Religious Liberty. — All men have the right to worship 
Almighty God according to the dictates of their own con- 
sciences (4). To this full freedom of religious opinion and 
worship is added the equality before the law of all denomina- 
tions and their members, Yet God is decidedly acknowl- 



DECLARATION OF RIGHTS 219 

edged throughout the State constitution, and a man is de- 
clared ineligible for office if he does not believe in God and 
in the existence of a future state of rewards and punish- 
ments (5). 

Elections Free and Equal. — Elections must be free and 
equal; and no civil or military power shall at any time inter- 
fere to prevent the free exercise of the right of suffrage (6). 

Freedom of Press and Speech. — The printing press is free 
to every person, and no law must ever be made to restrain 
this right (8). Every citizen may freely speak, write, and 
print on any subject, but is responsible for abuse of that 
invaluable liberty. 

Security of Person and Home. — The people are declared 
secure in person and home from unreasonable searches and 
seizures (9); and no warrant to search any place or seize any 
person or things must be issued without probable cause nor 
without description. 

Trial by Jury. — The right of trial by jury remains invio- 
late (7). In all criminal prosecutions, the accused has the 
right to a speedy public trial by an impartial jury. He has 
the right to be heard by himself and his counsel, to know the 
nature and cause of the charge, to meet the witnesses face 
to face, and to compel attendance of witnesses. He cannot 
be compelled to give evidence against himself, nor can he 
be deprived of life, liberty, or property except by the judg- 
ment of his peers or the law of the land (10). A person once 
tried for an offense and acquitted, cannot be placed on trial 
again for the same offense (11). 

Bail: Habeas Corpus. — Excessive bail cannot be required, 
nor excessive fines imposed, nor cruel punishments inflicted 
(14). Reasonable bail must be accepted unless for capital 
offenses (15). The privilege of the writ of habeas corpus 



220 PENNSYLVANIA 

must not be suspended, unless when in case of rebellion or 
invasion the public safety may require it. 

The term bail implies safe-keeping or delivery for a special 
purpose. It may mean the delivery of a person arrested, 
either on civil or criminal process, from the custody of an 
officer of the law, into the safe-keeping of certain friends who 
give security for his appearance before the court at a given 
time, or for his performance of the judgment of the court. 
While the person released on bail is in fact generally allowed 
to be at large, he is regarded by law as in the custody of the 
persons who go his bail. Since the law presumes every man 
innocent until he is proved guilty, it would be unjust, in case 
of the person charged with the commission of a crime, to keep 
him in jail until the time of his trial, if by any other means 
his appearance for trial at the appointed time might be se- 
cured. Therefore the law provides that in all civil cases the 
defendant may give bail as a matter of right, and generally 
in criminal cases, unless he is charged with a capital offense. 
Where an assault has been committed under such circum- 
stances as to make it murder if the injured person may die, 
and there is reasonable probability that death may result, 
the court generally refuses to admit bail. Excessive bail is 
forbidden by the constitution. In case the men who go bail 
for another have fears that the accused may run away from 
his trial, they may deliver him up to the sheriff and be released 
from further responsibility by complying with certain legal 
forms of surrender. A man who "jumps" his bail is not 
thereby relieved from trial; but when found and put upon 
trial would be more likely to be convicted, and indeed, more 
severely punished than if he had not tried to avoid his 
trial. 

Right and Justice. — All courts are open (12), and every 



DECLARATION OF RIGHTS 221 

man for an injury done him has remedy in due course of 
law. Right and justice must not be sold, denied, nor de- 
layed. The words of Magna Charta have the same true 
ring: "We will sell to no man, we will not deny to any man, 
either justice or right." No commission of oyer and terminer 
or jail delivery can be issued (16). 

Taking Private Property for Public Use. — The State can 
exercise the right of eminent domain, — that is, may take 
private property for public use; but it must pay a just com- 
pensation (11). 

No Imprisonment for Debt. — Imprisonment for debt is 
forbidden, except in case of fraud (17). 

No Ex Post Facto Laws. — It is provided that no ex post facto 
law, nor any law impairing the obligation of a contract shall 
be passed (18). 

Bills of Attainder: Estates of Suicides. — No bills of at- 
tainder can be passed by the Legislature (19); and it is pro- 
vided that the estates of suicides shall descend in the ordinary 
course of law (20). 

Right to Assemble and to Petition. — The people have the 
right to assemble for their common good, and also to petition 
for redress of grievances (21). 

Right to Bear Arms. — The right of citizens to bear arms 
in defense of themselves and the State (22) must not be ques- 
tioned. To deny the people this right is a means employed 
by despotic rulers to enforce arbitrary government. This 
clause renders possible the citizen soldiery or militia. 

No Standing Army : Military Subordinate to Civil Power. — 
The State does not have a permanent army of professional 
soldiers; and the military power is in strict subordination to 
the civil power (23). Soldiers must not be quartered upon 
the people (24). 



222 PENNSYLVANIA 

Titles of Nobility. — No titles of nobility nor any heredi- 
tary honors, privileges, or emoluments can be granted (25). 

Emigration. — Emigration from the State must not be pro- 
hibited (26). 

Power of Suspending Laws. — No power of suspending 
laws (13) can be exercised except by the Legislature or by 
its authority. 

Excepted and Forever Inviolate. — " To guard against trans- 
gressions of the high powers which we have delegated, we 
declare that everything in this article is excepted out of the 
general powers of government, and shall forever remain in- 
violate " (27). 

How Amendments are Made. — The Supreme Court of the 
State has decided that the article which provides for amend- 
ments (207) is complete in itself, and provides all the machin- 
ery that is necessary to be followed in the amendment of the 
State constitution. The method of procedure is as follows: 

The amendment is introduced into the General Assembly 
in the form of a joint resolution. "Be it resolved by the 
senate and house of representatives of the Commonwealth 
of Pennsylvania in General Assembly met, That the follow- 
ing is proposed as an amendment to the constitution of the 
Commonwealth of Pennsylvania, in accordance with the 
provisions of the eighteenth article thereof:" — 

After passing both branches of the Legislature, the reso- 
lution may or may not be submitted to the Governor for his 
approval. The Supreme Court has decided that such sub- 
mission is not necessary. The secretary of the Commonwealth 
must then cause the amendments to be published throughout 
the State at least three months before the next general election. 

If the General Assembly next afterwards chosen passes 
the joint resolution, the secretary of the Commonwealth 



AMENDMENTS 223 

again publishes the amendments, and they are submitted to 
the vote of the qualified electors of the State. If approved 
by the majority of those voting thereon, they become a part 
of the State constitution (208). 

Recent Amendments. — Three amendments to Article VIII 
were ratified by the people November 5, 1901. The vote on 
the second amendment was 194,053 yeas and 41,203 nays, in 
a total vote of 848,342 on candidates. 

The third amendment nullifies the requirement that regis- 
tration shall be uniform throughout the State; since these 
laws regulating and requiring registration may be enacted to 
apply to cities only, but such laws must be uniform for cities 
of the same class. 

The second amendment reads as follows: " All elections by 
the citizens shall be by ballot or by such other method as 
may be prescribed by law : Provided, that secrecy in voting 
be preserved." According to this amendment, the ballots 
used hereafter in elections will be unnumbered, and must 
not be marked in any way that may indicate who deposited 
them. This provision secures a ballot absolutely secret. A 
proviso in the ballot law of 1893 states that if at any time the 
constitution ceases to require ballots to be numbered, no 
number shall be marked on the ballot, and it shall be de- 
posited in the ballot box by the voter himself. This amend- 
ment also makes possible the enactment of laws authorizing 
the use of voting machines in the election system of the 
State. 

Nine highly commendable amendments were ratified No- 
vember 2, 1909. They abolished the Spring election, and 
cause all elections to be held in November. An amendment, 
authorizing the Legislature to take the choice of election 
boards away from the people and place it in the hands of 



224 PENNSYLVANIA 

courts, failed by a majority of 66,523 against, because of the 
grave doubt whether such a change were desirable. If the 
people cannot be trusted to choose their own election boards, 
they are surely in an evil case. The other amendments, 
which were passed by majorities varying from 15,460 to 
28,037, relate to Articles IV, V, VIII, XII, and XIV of the 
State constitution. A schedule providing for carrying the 
amendments into complete operation was ratified at the 
same time, but by a much smaller vote. 

QUESTIONS 

What objects are set forth in the preamble of the State constitu- 
tion? Discuss the Declaration of Rights. 

What is meant by a preamble ? 

How does the preamble of the State constitution set forth a time 
of peace ? 

What words in the preamble of each reveal the democratic feature 
of the instrument ? 

What does the State constitution say concerning trial by jury, 
freedom of the press, freedom of speech, standing army, elections, 
and titles of nobility ? 

When are prohibition laws effective? 

Does the constitution of Pennsylvania say anything about the sale 
of intoxicating liquors? 

How may the State constitution be amended? Discuss three re- 
cent amendments. 

When and where did the first Continental Congress meet? State 
at least one thing that they did. 

What is the object in having two branches of the State Legislature ? 

What are some of the advantages possessed by a written constitu- 
tion over an unwritten one ? 

Why must the constitution be subject to change? 



CHAPTER XXIV 
THE STATE AND THE NATION 

State Governments as Models. — It is believed that the 
State should come first in the study and description of the 
government of the country, because the Government and 
Constitution of the United States were constructed in con- 
formity to models and precedents from the various States. 
The great bulk of the business of government rests with the 
State authorities. The State dispenses justice and right, 
bears the weight of the control of its citizens, and still stands 
nearest to the people in all social and legal relations. 

The Scope of State Power. — The authority of a State is an 
inherent, not a delegated authority. In all ordinary matters, 
the State rules its citizens without the interference of the 
Federal Government. Our State courts make a complete 
judiciary system from top to bottom, independent of the 
courts of the United States in many important respects, yet 
at the same time not entirely unrelated. The Commonwealth 
of Pennsylvania has all the powers of an independent govern- 
ment, except such as it has delegated elsewhere. The State 
government and the National Government are complements 
to each other. In the great mass of affairs in ordinary life, 
those which relate to the Government of the United States 
form the exception, while those relating to the State govern- 
ment constitute the rule. The powers not delegated to the 
United States by the Federal Constitution nor prohibited by 

Am. Cit. — 15 225 



226 UNITED STATES 

it to the States, are reserved to the States respectively or to 
the people. 

Scope of the Federal Power. — All the powers of the general 
government are such as affect interests which could not be 
regulated harmoniously by any scheme of separate action 
by the several States. The Federal Government has only 
such powers as it can be affirmatively shown to have received; 
and while these appear large by enumeration, they are really 
small compared with the vast power which remains with 
the States or with the people. 

The Constitution and laws of the United States form the 
supreme law of the land (X 2 ),* not because they are set above 
the constitutions and laws of the States, but because they are 
integral parts of the law of each separate State. The Con- 
stitution is a part of the State law in so much as it limits the 
sphere of State activity; but the laws passed by Congress are 
also portions of State law which all are bound to obey. 

No State can as a single commonwealth deal politically 
with or act upon any other State. The United States as a 
nation has been called a Banded-State. The powers granted 
to Congress have proved sufficient to bind the States to- 
gether in a Union that is strong because of the partition of 
powers between the Federal Government and the individual 
States. While the United States Government must not en- 
croach upon the sphere of the several States, it is vested 
with higher powers of government worthy of the most care- 
ful study. The Constitution of the United States is a clear 
sketch of the fundamentals of good government. 

Brief Outline of the Government of the United States. — 
The foundation of the Government of the United States is 

* Such letters and numbers as these refer to clauses of the United States 
Constitution, as printed near the end of this book. 



THE STATE AND THE NATION 227 

the National Constitution, which is the supreme law of the 
land (X 2 ). All laws made by Congress, or by the legislature of 
any State, or any ordinance or rule of a county, borough, or 
city, or even of a school district, is void if it is not in accord 
with the National Constitution. The local government and 
the State government, each with great variety of detail, must 
move in harmony with the Government of the United States. 

The National Government consists of three branches: the 
Legislative, the Executive, and the Judicial. 

The Legislative branch consists of the Senate and the 
House of Representatives, and is called Congress (B). Bills 
are passed by Congress, and become laws when signed by 
the President. If, however, the President neither signs nor 
vetoes a bill within ten days after its passage, it becomes a 
law without his signature, unless Congress, by adjournment, 
prevent its return. A vetoed bill may be passed again by a 
majority of two thirds in each branch of Congress, and then 
becomes a law. 

The Executive branch is vested in the President, who 
represents the unity, the power, and the purpose of the Na- 
tion. It is his duty, through his officers, to enforce the laws. 
A bill passed by Congress may be prevented from becoming 
a law by being vetoed or forbidden by the President, and 
only in exceptional cases are bills passed over his veto. The 
President's office is the highest in the power of the people 
to bestow. 

The Judicial branch of government is vested in the Su- 
preme Court, created by the Constitution, and in inferior 
National Courts — District and Circuit — established by Con- 
gress. Ordinary cases involving Federal law can be brought 
in the District or Circuit Courts, and appealed to a Circuit 
Court of Appeals, or in certain cases, to the Supreme Court. 



228 UNITED STATES 

Appeals can be taken from the highest State courts to the 
Federal Supreme Court in all cases involving Federal law. 
Thus all cases turning on Federal law may be brought be- 
fore the courts of the Nation. These National courts adjust 
legal difficulties, interpret the laws, and decide upon their 
constitutionality. The Supreme Court of the United States 
has become the balance wheel of our system of government. 
In the succeeding chapters each of these branches will be 
treated in detail. While in theory all three of these func- 
tions of government are justly regarded as distinct and best 
exercised by entirely different persons, the practical work- 
ing out of systems of government in communities, States, and 
the Nation has shown that it is convenient and wise that 
some officials should be connected with more than one of 
these departments and discharge varied duties. Thus it will 
be seen that Congress exercises judicial powers in cases of 
impeachment; that the Senate has executive power in the 
confirmation or rejection of appointments of officials by the 
President; and that the judges in courts inferior and superior 
exercise executive powers in ordering the carrying out of the 
judicial decisions in individual cases. The Supreme Court 
practically becomes executive when it pronounces a law un- 
constitutional. This right, vested in the highest court of the 
United States, forms the most powerful barrier against the 
tyranny of political legislation. 

QUESTIONS 

What is the scope of the State power? Of the Federal power? 

Give a brief outline of the Government of the United States. 

What powers are vested in the Judiciary, and how are these powers 
exercised ? What are the powers of the Executive department ? 

State the primary function of each of the three great departments 
into which the Federal Government is divided. 



CHAPTER XXV 
THE NATIONAL LEGISLATIVE POWER 

Congress is Bicameral. — Congress is a dual or bicameral 
body; that is, it consists of two chambers, the Senate and the 
House of Representatives. A bicameral legislature has the 
great advantage of securing fuller and more deliberate con- 
sideration of all legislative business. One chamber acts as a 
certain check and balance upon the other. The example set 
by the English Parliament has been followed in the form 
which our legislative body has assumed. The term Congress 
is of course a collective one, and applies to the two legisla- 
tive bodies taken together and considered as enacting Na- 
tional laws. The composition of Congress is determined by 
Article I. of the Constitution (B). 

The House of Representatives. — The House of Representa- 
tives is composed of members chosen every second year by the 
people of the several States {C 1 ). Any person who can vote 
for a member of the more numerous branch of the State Legis- 
lature may vote for a Representative in Congress. The elec- 
tion of Representatives for Congress occurs, in nearly all 
States, on the Tuesday after the first Monday in November in 
every even numbered year. In Oregon, the Congressmen are 
elected on the first Monday in June; in Vermont, on the first 
Tuesday in September; and in Maine, on the second Monday 
in September. 

Number of Representatives. — There are three hundred and 

229 



$$0 UNITED STATES 

ninety-one members of the House of Representatives. The 
number of members apportioned to each State is in propor- 
tion to its population as determined by the last National cen- 
sus (C 3 ). Each State has at least one Representative. The 
State of Pennsylvania has thirty-two Representatives in the 
House. 

By an Act of Congress, every Territory belonging to the 
United States in which a government has been established, 
is entitled to send one delegate to Congress. He has the right 
to take part in the debates of the House of Representatives, 
but is denied the right of voting. 

In making the apportionment of Representatives to the 
several States, the number of members of the House is first 
fixed upon. This number, in preparing the Apportionment 
Act of 1901, was 386. The ratio of representation is then 
found. From the population of the States, as given by the 
census of 1900, was subtracted that of the two States with 
least population — each having less than half of the probable 
number required — leaving 74,565,906 as dividend to a divisor 
384. The resulting ratio oj representation for the appor- 
tionment of 1901 was 194,182. The population of Pennsyl- 
vania was 6,302,115; and, dividing this by 194,182, we find 32 
for the number of Representatives. There is a remainder of 
88,291. The sum of the integral quotients is never equal to 
the whole number of members to be apportioned ; so an extra 
member is assigned to the State having the largest remainder, 
another to that having the next largest, and so on until the 
apportionment is completed. In this manner, beginning with 
Missouri with a remainder of 193,935 and ending with Ne- 
braska with a remainder of 95,390, about one half of the 
States received more Congressmen in the apportionment than 
the strict ratio would give. The ratio in such States is less 



THE LEGISLATIVE POWER 231 

than 194,182; while in other States, such as Pennsylvania, 
the actual ratio is greater. Since Pennsylvania had 6,302,1 1 5 
inhabitants, the actual ratio is 196,941. 

Qualifications of Representatives. — A Representative must 
be at least twenty-five years of age, a citizen of the United 
States for seven years, and an inhabitant of the State from 
which he is elected (C 2 ). Representatives are not required 
by law to reside in their districts, but such is the almost uni- 
versal practice. They are supposed to regard the interests 
of the Nation as a whole, rather than those of the particular 
section from which they are chosen. Strictly speaking, 
members of Congress are not " officers " of the United States. 

Election of Representatives. — Congress has provided by 
law that, in every case where a State is entitled to more than 
one Representative, the members shall be elected by districts 
composed of contiguous territory equal in number to the num- 
ber of Congressmen to be chosen. 

The duty of dividing the State into Congressional districts 
falls upon the State Legislature (E 1 ). If the number of Rep- 
resentatives is increased, and the Legislature fails to redis- 
trict the State so as to correspond properly to the number 
of Representatives, the additional member or members are 
elected by the State as a whole. Congressmen thus chosen on 
a general ticket, and not by district tickets, in States having 
more than one Representative, are called Congressmen at 
large. 

The Congressional districts must, as nearly as possible, 
contain equal numbers of inhabitants. The party in power 
in a State Legislature may try to secure more than its just pro- 
portion of the members of Congress to be elected from their 
State. Instead of dividing the State into districts of nearly 
regular form, the districts are made to wind in and out in very 



232 UNITED STATES 

irregular ways, so that the opposing votes are unfairly united 
or divided. This operation of party expediency is termed 
"gerrymandering," after Governor Elbridge Gerry of Massa- 
chusetts, to whose influence such an unfair operation was once 
attributed, although it is now known that he opposed the 
measure. 

Vacancies. — -When a vacancy occurs in the representa- 
tion of any State, the Governor calls a special election, and the 
qualified voters elect a person to fill the vacancy (C 4 ). 

The Officers of the House. — The presiding officer of the 
House of Representatives is the Speaker (C 5 ). He is chosen 
from the members of the House, has the right to vote on all 
questions, and the rules require him to do so in all cases when 
his vote will decide a question pending, or when the vote is 
by ballot. In point of rank the Speaker is the third officer of 
the Government, and in actual power is second only to the 
President of the United States. Through the fact that he ap- 
points all committees of the House, designates their chair- 
men, and is himself the chairman of the committee on rules, 
he is able to shape legislation to a great extent. 

The House chooses other necessary officers, including the 
clerk, sergeant-at-arms, postmaster, chaplain, and door- 
keeper, who are not members of the House. The duties of 
these officers are sufficiently obvious from their titles. The 
clerk of the preceding House holds over until the Speaker of 
the next House is chosen, at which election he presides. The 
clerk is usually an ex-member of the House. The police offi- 
cer of the House is the sergeant-at-arms. The symbol of the 
power of the House of Representatives is a bundle of ebony 
rods tipped with spearheads, and surrounding a central rod 
surmounted by a globe and a silver eagle with wings out- 
spread. This is the mace, an ancient symbol used for centu- 




233 



234 UNITED STATES 

ries in the Roman senate, now the symbol of the power of the 
people. The duties of the doorkeeper are broader than his 
title, since he has charge of the room of the House of Rep- 
resentatives. The chaplain opens each daily session of the 
House with prayer for Divine guidance. 

Compensation.— A Representative receives a compensa- 
tion of $7,500 a year; and the Speaker $12,000. Mileage is 
allowed at the rate of twenty cents a mile for the necessary 
distance traveled in going to and returning from the seat of 
government. A Congressman is also allowed clerk hire, and 
$125 a year for stationery. 

Oath of Office. — The Constitution requires that Senators 
and Representatives, and the members of State Legislatures, 
as well as all executive and judicial officers, both of the United 
States and of the several States, shall take oath of office to 
support the Constitution (X 3 ). As soon as the Speaker of the 
House is chosen, the clerk designates certain other members 
of the House to escort the Speaker-elect to the chair. The 
clerk then calls upon the member-elect who has served long- 
est continuously — the " father of the House " — to administer 
the oath of office to the Speaker, who then administers the 
oath to the new members, called before him for that purpose. 
After the oath of office has been taken by every member, the 
House is ready to proceed to any business which may be pre- 
sented. 

The Senate. — The Senate of the United States is com- 
posed of two Senators from each State, chosen by the Legisla- 
ture for a term of six years. Each Senator has one vote (D 1 ). 

At the time of the framing of the Constitution, the large 
States conceded to the small States equal representation in 
the Senate. Both the equality of representation and the elec- 
tion of the Senators by the State Legislatures are survivals of 



THE LEGISLATIVE POWER 235 

the old Articles of Confederation. The term of six years gives 
to the Senator a feeling of security in position that does 
much to insure independence of action in regard to the best 
interests of the nation. Cases are on record where Senators 
have served for more than five consecutive terms. 

Number of Senators : Classes. — There are ninety-two Sena- 
tors at present, two from each of the forty-six States in the 
Union. Senators a divided into three classes as nearly equal 
as possible. The terms of one third of the Senators expire on 
March 4th of each odd year : 

Class I, 1791, 1797 I 9 11 , I 9 I 7 

Class II, 1793, 1799 1913,1919 

Class III, 1795, 1801 . 1915, 1921 

The two Senators from a State are never assigned in the 
same class. It is seen that one third of the Senators go out of 
office every two years. This arrangement secures at all times 
the benefit of the experience of at least two thirds of the body. 
It may happen that one or both of the first Senators from a 
new State may serve less than the full term of six years (D 2 ). 
The Pennsylvania Senators were placed in classes three and 
one. 

The Senate is a perpetual body, and at any time is ordi- 
narily fully organized, although not in actual session. 

Qualifications of Senators. — A Senator must be at least 
thirty years old, a citizen of the United States for nine years, 
and an inhabitant of the State for which he is chosen (D 3 ). 

Previous absence from the State, on public business in a 
foreign country, or as a traveler, does not debar a person from 
the Senate nor from the House. 

Election of Senators. — A law passed by Congress in 1866 
makes the election of Senators uniform for the States (E *). 



236 UNITED STATES 

The Legislature chosen next preceding the expiration of the 
term of a Senator in any State, must, on the second Tuesday 
after organization, elect a Senator in the following manner. 
Each house must vote viva voce for Senator, and the vote is 
recorded in the journals. The next day, at noon, the houses 
meet in joint session and the journals of the proceedings of the 
previous day are read. If the same person has received a 
majority of all the votes cast in each house, he is declared 
elected. If no election has resulted, the joint assembly then 
proceeds to choose a Senator by viva voce vote of each person 
present, and if any person receives a majority of all the votes 
of the joint assembly — a majority of all members elected to 
both houses being present and voting — he is declared duly 
elected. If no choice is made on this day, then the houses 
meet in joint session each succeeding day of the session at the 
same hour, and must take at least one vote until a Senator 
is elected or the Legislature adjourns. 

Vacancies. — When a vacancy occurs in the Senate during 
a recess of the Legislature, the Governor appoints a person to 
fill the place until a successor is chosen at the next meeting of 
the Legislature (D 2 ). When a vacancy occurs during a ses- 
sion of the Legislature, the Legislature elects. The newly 
elected Senator only fills out the term of his predecessor. 

Officers of the Senate. — The Vice President of the United 
States is President of the Senate, but has no vote, unless they 
are equally divided (D 4 ). The Senators choose one of their 
number President pro tempore, who presides during the ab- 
sence of the Vice President, or when he has become President 
of the United States through succession to that office. The 
Senate elects a secretary, chief clerk, executive clerk, sergeant- 
at-arms, doorkeeper, postmaster, librarian, and chaplain. 
None of these are members of the Senate (D 5 ). 




237 



238 UNITED STATES 

Compensation. — A Senator receives a salary of $7,500 
per year, clerk hire, and mileage at the rate of twenty cents 
a mile for the necessary distance traveled in going to and re- 
turning from the seat of government (G 1 ). A yearly al- 
lowance of $125 for newspapers and stationery is now made to 
Senators. When the President pro tempore takes the place 
of the Vice President for any considerable length of time, 
the salary of that official, namely, $12,000 per year, is 
paid during the time the President pro tempore exercises the 
office. 

Oath of Office.— The Vice President of the United States 
takes the oath of office on inauguration day; and, when he 
mee,ts the Senate on the first day of the session, he administers 
the oath to the new Senators (X 3 ). The Senate is then ready 
to proceed to the transaction of any business that may be pre- 
sented. 

Impeachment. — The sole power to try impeachments is 
vested in the Senate (D 6 ) ; but the sole power to impeach is 
vested in the House of Representatives (C 5 ). In such cases 
the House adopts formal articles of impeachment, similar to 
the counts in an indictment found by a grand jury in a court 
of law. A committee from the House presents the articles of 
impeachment before the Senate. The Senators sit as a court, 
and must then take a special oath or affirmation (D 6 ). No 
person can be convicted except by the vote of two thirds of the 
Senators present. When the President of the United States is 
impeached, the Chief Justice presides at the trial. The judg- 
ment in cases of conviction can not extend further than to 
removal from office, and disqualification to hold and enjoy 
any office of honor, trust, or profit under the United States. 
Whether acquitted or convicted, the person is still liable to be 
tried and punished by the ordinary processes of law (D 7 ). 



THE LEGISLATIVE POWER 239 

Senators and Representatives cannot be impeached. The 
President, Vice President, and all civil officers of the United 
States may be removed from office, on impeachment for, and 
conviction of, treason, bribery, or other high crimes and mis- 
demeanors (O). 

Only eight such cases of impeachment have occurred since 
the adoption of the Constitution. The first case presented 
before the Senate, that of Senator William Blount (1799), did 
not come to trial; the decision was made that, under the Con- 
stitution, only "civil officers" can be impeached, and that a 
Senator of the United States is not a civil officer. The other 
noted cases are those of Justice Samuel Chase of the Supreme 
Court (1804), and President Andrew Johnson (1868). The 
impeachment of Justice Chase was a dangerous interference 
with the independence of the Judiciary. He was acquitted by 
the Senate; and, after this failure, the Supreme Court was 
never again directly attacked by the political branches of the 
Government. President Johnson, in the troublous times of 
reconstruction, escaped conviction by but a single vote. Four 
Judges of the District Courts of the United States have been 
impeached: John Pickering (1803), James H. Peck (1830), 
W. H. Humphries (1862), and Charles Swayne (1905). Judge 
Pickering seems to have been insane, and was removed from 
office; Judge Peck was acquitted, and Judge Humphries was 
convicted of treason. Judge Charles Swayne was impeached 
for residing outside of his district, and for overcharges and 
other improper conduct; but the Senate, regarding the charges 
unfounded, acquitted him. In 1876 W. W. Belknap, Secre- 
tary of War, was impeached, but was acquitted. 

Bills for Raising Revenue. — All bills for raising revenue 
must originate in the House of Representatives, but the Sen- 
ate may propose or concur with amendments, as on other 



240 UNITED STATES 

bills (H 1 ). In all free countries the legislative branch tends 
to become the most powerful, and is clothed with those pow- 
ers which come nearest to the people. Among these is the 
power to tax. Congress has ample revenue powers, but the 
power to originate all such bills is vested in that house which 
is supposed to be in closest touch with the people. The Senate 
may, however, originate a bill which requires the expenditure 
of money, but the House must originate the bill for levying 
the tax required. 

Sessions of Congress. — Congress must assemble at least 
once every year, and such meeting is on the first Monday in 
December, unless by law Congress appoints a different day 
(E 2 ). Each Congress lasts two years, that is, during the time 
for which each new set of Representatives is elected. There 
are two regular sessions: a long session, and a short session. 
The long session begins on the first Monday in December fol- 
lowing the beginning of the Representative's term, and contin- 
ues until some time in midsummer. The short session begins 
on the first Monday of the following December, but can con- 
tinue only until March 4 of the next year, at which time the 
term of office expires for all Representatives and for one third 
of the Senators. Long sessions end in even years (1 910, 191 2, 
etc.), and short sessions in odd years (1909, 191 1, etc.). Con- 
gress may by law provide for special sessions, or may hold 
adjourned sessions. Extra sessions may be called at any time 
by the President of the United States for the transaction of 
urgent business. Unless an extra session of Congress is called, 
newly elected members do not take their seats until thirteen 
months after their election. The term "a Congress" is ap- 
plied to so much of the continuous life of the National Legisla- 
ture as is embraced within the full term of the Representative. 
The First Congress was that filling the period 1 789-1 791; 



THE LEGISLATIVE POWER 241 

the Second, that of 1 791-1793; while the Sixty-first Congress 
has the period 1909-1911. 

Neither house, during the session of Congress, can, with- 
out the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the two houses are 
sitting (F 4 ). Both houses have been called together in special 
session but twelve times in the history of our country. A 
special session of the Senate is always called after the inaugu- 
ration of a President, in order to confirm his appointments. 
The Senate alone has repeatedly been called in extra session 
to confirm appointments and to ratify treaties. The House of 
Representatives has never been called in special session alone, 
since without the Senate it cannot complete any public busi- 
ness. 

Privileges and Disabilities. — During their attendance at 
the sessions of their respective houses, or while going to or 
returning from the same, Senators and Representatives are 
exempt from' arrest except for treason, felony, or breach of 
the peace (G 1 ). Nor can a member of either house be held 
liable to prosecution for libel or slander for anything which he 
may have said in Congress in any speech or debate. This 
freedom from arrest and this exemption from responsibility 
are really to protect the rights of the people ; since the Nation 
should not be deprived of the services of the representatives 
of the people, nor should freedom of debate be limited. 

No Senator or Representative can be appointed to any office 
under the authority of the United States which shall have been 
created, or the pay of which shall have been increased during 
the time for which he was elected (G 2 ). A Senator or a Rep- 
resentative may be appointed to any office that existed at the 
time of his election, if the pay has not been increased. But 
he must resign his seat in Congress; for no person, holding 

Am. Cil. — 16 



242 UNITED STATES 

any office under the United States, can be a member of either 
house during his continuance in office (G 2 ). 

Contests: Quorum. — When any question is raised as to 
the election or qualification of a member, the house in which 
he claims a seat decides it. A majority of each house consti- 
tutes a quorum, but a smaller number may adjourn from day 
to day and compel the attendance of absent members (F 1 ). 

Rules: Expulsions. — Each house determines the rules of 
its proceedings, punishes its members for disorderly behavior, 
and by a two-thirds vote may expel a member (F 2 ). 

The Journal. — Each house keeps a journal of its pro- 
ceedings, and these are published from time to time except 
such parts as require secrecy. At the desire of one fifth of the 
members present, the yeas and nays are entered on the jour- 
nal (F 3 ). 

Committees. — Congress necessarily transacts an immense 
amount of business in legislating for the wealthiest nation on 
the globe — a nation of seventy-six millions of people, inhabit- 
ing a territory of over three and one half millions of square 
miles. In order to expedite business, each house of Congress 
is divided into a large number of committees. Each committee 
is concerned with a certain class of business; and bills, when 
introduced, are referred to the proper committees for consider- 
ation. The committees consider these bills carefully, investi- 
gate, and, if necessary, ask the opinion of outside persons in 
order to discover the value of the measures. After such con- 
sideration, the bills are reported back to the House or Senate. 
Only the more important ones reach this stage; for, on ac- 
count of lack of time, if for no other reason, the majority are 
"killed in committee." Thus the committees determine the 
form and character of our laws. The debates on the bills 
when presented are really discussions of the reports of the 



THE LEGISLATIVE POWER 243 

various committees. The report of a committee usually de- 
cides the fate of a measure. Since in the business of legisla- 
tion the committees are such an important factor, the Speaker 
of the House, who has the power of appointing the committees 
in that body, becomes in many respects the most influential 
citizen in the United States. 

One of the most important committees in the House of Rep- 
resentatives is the Committee on Rules. It consists of the 
Speaker as chairman, and four others of the most experienced 
and influential members, two from each of the leading parties. 
This small committee exercises great influence upon legisla- 
tion, and really decides what measures shall be considered by 
the House. Not the least part of the great power which the 
Speaker exercises comes from the fact that he is chairman of 
this committee and appoints its other members. 

Mode of Passing Bills. — A bill is a proposed law. In the 
general process of legislation, it may become a law by receiv- 
ing the consent of Congress and that of the President of the 
United States. A law regulates, controls, governs, and must 
be obeyed. A bill has no force of itself. 

Any bill, excepting one of revenue, may be introduced in 
either the Senate or the House of Representatives. It is then 
referred to the proper committee. If it is reported back and 
passed by a majority in each house, it is then sent to the Presi- 
dent of the United States. If he signs it, the bill becomes a 
law of the country (H 2 ). 

If the President does not approve of the bill, he returns it to 
the house in which it originated, with a message in which he 
sets forth his objections and his reasons for refusing to sign it. 
When the President returns a bill unsigned, he is said to veto 
it. The term veto means "I forbid." The bill may yet be- 
come a law, however. The house to which the bill is returned 



244 UNITED STATES 

again considers it, a quorum being present. If two thirds of 
the members present agree to pass the bill a second time, it is 
then sent to the other house. If two thirds of the members re- 
pass the bill over the veto, it becomes a law without the signa- 
ture of the President. 

In accordance with the Constitution, the President must 
either sign or veto a bill within ten working days after he has 
received it, or the bill becomes a law in like manner as if he 
had signed it. But Congress by adjournment may prevent its 
return, in which case it does not become a law. When the 
President thus holds a bill so that the time for adjournment 
arrives before the expiration of the ten days allowed for re- 
turning it, his retention of it under these circumstances at the 
end of a session is called a "pocket veto." 

Bills are sometimes defeated by a process called filibuster- 
ing. In the House, this is done by making motions delaying 
action, — such as motions to adjourn, or calling for the yeas 
and nays upon them. In the Senate, a bill particularly ob- 
jectionable to a minority may be "talked to death" by the 
unrestricted right of debate exercised on the part of the Sen- 
ators. In the House, however, dilatory tactics of a minority 
may be ended by a process known as cloture, which calls for 
an immediate vote on the question before the House. 

After a bill becomes a law it is sent to the Secretary of State, 
who preserves it as a part of the law of the land. 

QUESTIONS 

What is the supreme power in the British system of government? 

In what respect is Congress a National body? In what respect is 
it a Federal body? 

What are the qualifications, length of term, and salary of a Repre- 
sentative? Of a Senator? 



THE LEGISLATIVE POWER 245 

How is the number of Representatives determined ? Of Senators? 

Give the reputed history of the term " gerrymandering." Is there 
any sign of such action in the boundaries of the Congressional dis- 
tricts of this State ? 

What is the number of Representatives in the present Congress? 
What is the number representing this State ? 

To how many Representatives in Congress is the State of Pennsyl- 
vania entitled? 

How are Representatives apportioned to the several States? By 
what authority is the State divided into Congressional districts? 
How are Representatives chosen? 

What is the constituency of a Representative? Of a Senator? Of 
a President? Of a State representative in Assembly? Of a State 
senator? 

How is a vacancy in the House of Representatives filled? What 
are the qualifications of a Representative? Of a Senator? 

Describe briefly the power of Congress and of the State Legisla- 
ture over the election of Senators and Representatives. 

What are the conditions of eligibility to the United States Senate ? 
The House of Representatives? By whom are our Senators chosen? 

How may a bill become a law? 

To whom would a member of Congress send his resignation if he 
desired to be relieved? 

What title is given to the presiding officer of the House of Repre- 
sentatives? How does he obtain this office, and how long does he 
hold it? 

Who is the present Speaker of the House? 

What officers in Pennsylvania are required to take an oath or 
affirmation upon assuming office ? 

Give an account of the election of United States Senators. What 
other plan has been proposed ? 

State for whom and for what period the Senators in Congress are 
elected. What salary does a Senator receive? 

Who is the President of the Senate? Can he vote at any time? 
What are the other officers of the Senate? 

When does the Vice President have a right to vote ? 

How are vacancies in the United States Senate filled ? 

Who administers the oath of office to the new Senators? 



246 UNITED STATES 

Write out in full that part of the Federal Constitution which re- 
lates to the arrangement of the Senators into classes. 

Discuss the Senate in regard to its characteristic powers. 

How may the President be removed from office? 

If the President of the United States were to be impeached, how 
would it be done? 

Who presides in the Senate when the President of the United 
States is impeached? Which President was impeached? 

Explain this news item: " The Oklahoma Senators drew lots Decem- 
ber 17, 1907. Thomas T. Gore drew the term ending March 3, 1909; 
Robert L. Owens drew that expiring March 3, 1913." 

Give the history of a bill after it has passed Congress. Where 
must all bills for raising revenue originate? 

What duties do the committees in the two houses perform? 

How are the several Congresses numbered ? When does the legal 
existence of a Congress begin? When does it end? What is the 
number — official designation — of the present Congress? 

When does Congress assemble ? Can it assemble at any other time ? 

Give an account of the two regular sessions of Congress. How are 
special sessions convened ? 

To what extent are the members of Congress privileged from ar- 
rest and from being questioned for any speech or debate ? 

What is the difference between an appropriation bill and a revenue 
bill? 

What is meant by the term Senatorial courtesy? What are its 
advantages and disadvantages? 

Can suit be brought against members of Congress for language 
used in debate? Why? 

How may disorderly conduct in Congress be punished? 

Give historical instances of such action. How may a member of 
Congress be expelled ? 

What constitutes a quorum in the House? In the Senate? 

What means may be used in order to secure a quorum ? What is 
meant by the term " counting a quorum " ? 

What is the power of each house in regard to rules, order, adjourn- 
ment, etc.? 

What is the rule concerning adjournment? What is the object of 
this rule? 



THE LEGISLATIVE POWER 247 

Who makes the final decision as to who are entitled to a seat in 
either house of Congress? 

What is the number of your own Congressional district? Of what 
counties is it formed? 

What makes Congress the center of National politics? 

Describe in brief the mode of passing bills. What is filibustering? 
How are laws made? 

Name five powers of a school board in Pennsylvania. Name five 
powers of the Congress of the United States. 

Name three of the most important committees of the House of 
Representatives. 

Under what circumstances may the President defeat a bill with- 
out vetoing it ? What name is given to such practical veto ? 

How may the action of the President in vetoing a bill be overcome ? 

Are there any people in this State who are not counted in making 
up the representative population ? When was the first Federal cen- 
sus taken? When was the last taken? How is a Territory repre- 
sented in Congress? How is the District of Columbia represented? 

What five States had the largest representation in the First Con- 
gress ? What five States now have the largest representation ? 

Name the present officers of the House of Representatives. 

Compare the House of Representatives with the British House of 
Commons. 

Is Congress now in session? Will the next session be the long or 
the short one ? When was there an extra session of Congress ? Could 
the President convene one house without the other? 

If two persons should claim the same seat in the House of Repre- 
sentatives, who would decide between them ? 

Did you ever see a copy of the Congressional Record? If Con- 
gress is in session, determine what it has done during the past week. 
Can a member be punished for an offense committed before he was 
elected ? Is a member of Congress an " officer " of the United States ? 



CHAPTER XXVI 

POWERS OF CONGRESS 

Delegated Powers. — The general government from its very 
nature is largely a government of delegated powers. Having 
derived its powers from the people, such powers are limited 
by the Constitution. Most of the powers of Congress are 
enumerated in the eighth section of Article I. All of these 
general powers of legislation vested in Congress are necessary 
to the formation of a strong and efficient government. These 
eighteen clauses are a vital force in the system of National 
control. Political parties differ concerning the nature of the 
powers granted to Congress; one party favoring a broad con- 
struction of the Constitution, while the other favors a strict 
construction which looks toward State rather than Congres- 
sional legislation. 

Taxes: Tariff: Free Trade. — Congress has power to raise 
money needed for the payment of the debts of the United 
States, and to provide for the welfare of the Nation. The 
power to tax is one of the most essential principles of an en- 
during government. The only restriction placed upon the 
power of taxation is that all duties, imposts, and excises shall 
be uniform throughout the United States; and that direct 
taxes must be apportioned among the States according to 
their population (I * and C 3 ). 

Taxes are of two kinds, direct and indirect. A direct tax 

248 



POWERS OF CONGRESS 249 

is one laid directly upon the persons or property of the people. 
A poll tax, a land or property tax, or a tax upon the income 
of a person, may be named as illustrating this kind of tax. 
Taxes upon imported goods, called duties or imposts, and 
excises or taxes on goods made within the country are ex- 
amples of indirect taxes. The money paid for license to sell 
spirituous liquors is also an excise tax. 

Although Congress has power to lay direct taxes, it has sel- 
dom been exercised. Direct taxes were used to help defray 
the heavy expenses of the Civil War; but the Treasury has not 
for many years received any revenue from such sources. As 
to indirect taxes, the United States has no power to levy duties 
upon exports. 

A tariff is a schedule of taxes; but more specifically a law 
showing the import tax levied upon each article brought into 
this country. A system of taxation called the protective tariff 
has for its object, not only the raising of the money for the 
expenses of the government, but also the protection of home 
manufacturers. This system makes the duties high on all 
kinds of articles which we also manufacture in this country. 
A system of tariff for revenue takes into consideration only the 
raising of the amount of money needed to carry on the Govern- 
ment and pay the expenses; protection of home industries is 
only incidental. Free trade is the admission of all foreign 
goods free of duty. Reciprocity is a system of mutual con- 
cessions by two countries by means of which equal privileges 
as regards the admission of imports are granted. 

The duties levied by the United States combine revenue 
and protection. The tariff applies to States and Territories 
alike, but not to the islands recently acquired from Spain. 
Within the borders of the United States proper there is ab- 
solutely free trade. 



250 UNITED STATES 

Duties are collected by government officials stationed in 
customhouses at the various ports of entry. When a vessel 
from a foreign country arrives, it is submitted, with its cargo 
and all papers and invoices, to the inspection of the custom 
officers. These officials attend to the weighing, measuring, 
and inspecting of the goods subject to duty. All duties must 
be paid before the imports can be taken away from the ship, 
or from the warehouses in which the goods may be tempora- 
rily placed. 

Public Credit. — The power to borrow money authorizes 
the selling of bonds of the United States, the issue of legal- 
tender paper money, and the establishment of National 
banks (1 2 ). 

In 1 79 1 the public debt was less than $76,000,000; and un- 
til the Civil War it never exceeded $100,000,000, except for a 
few years immediately after the War of 181 2, when it rose to 
$127,000,000. In 1835 it had decreased to less than $38,000, 
but rose again gradually to $90,000,000 in 1861. When the 
great civil strife was over, the debt had been greatly increased, 
reaching its highest point in 1866 at over $2,773,000,000. On 
November 1, 1908, the public debt, not including certificates 
and Treasury notes, was $1,293,657,878. Of this public debt 
$392,665,653 bears no interest. The greater part of the 
interest-bearing debt is due to bondholders, and bears the 
low rate of 2 per cent, interest. The remainder was borrowed 
partly at 3, and partly at 4 per cent. The task of extinguish- 
ing the National debt, which Jefferson was so anxious to ac- 
complish, is no longer regarded as vital to the destinies of 
our government. No other nation borrows money at so low 
rates as is possible to the United States, and no other great 
nation has so small a public debt, the entire amount being 
^2,637,973,747. 



POWERS OF CONGRESS 251 

The fourth section of the Fourteenth Amendment (Am. 14) 
forbids the repudiation of any part of the public debt of the 
United States. It also makes illegal and void all debts, obliga- 
tions, and claims incurred in aid of insurrection or rebellion 
against the United States, or any claim for the loss or emanci- 
pation of any slave. 

Commerce. — Under the authority given by the Constitu- 
tion, Congress has power to regulate the commerce of the 
United States with foreign nations. Nor can one State refuse 
to admit the products of another State, or levy any duties 
upon them. Congress has power to prevent unfair discrimina- 
tion in freight and passenger rates (1 3 ). 

Naturalization. — Congress has provided that a foreigner, 
unless he belongs to the Mongolian race, may become a citi- 
zen on his compliance with certain conditions. 

The requirements for naturalization are as follows: Five 
years' residence in the United States, and one year's residence 
in the State or Territory where the privilege is sought; two 
years' preliminary declaration of intention to become a citi- 
zen; an oath to support the Constitution; the renouncing of 
allegiance to any foreign power, and of all titles of nobility. 
The naturalized citizen is entitled to all the rights of the 
native-born citizen, except that he can never be President or 
Vice President (1 4 ). 

Congress has power to extend naturalization by general 
law to the inhabitants of large sections of country. When by 
joint resolution Texas was annexed as a full-fledged State in 
1845, wholesale naturalization was practiced. A more recent 
example occurred when by Act of Congress in 1900, all persons 
who in 1898 were citizens of the Republic of Hawaii, were 
declared to be citizens of the United States and of the Terri- 
tory of Hawaii. President Jefferson and the Senate practi- 



252 UNITED STATES 

cally did the same thing by treaty when the vast territory of 
Louisiana was purchased in 1803. 

The right to vote is given by the States, and in most of them 
citizenship is an essential qualification of the voter. Yet in 
about one fifth of the States foreigners may vote if they have 
declared their intention to become citizens. 

Bankruptcy. — A bankrupt is a person who is unable to pay 
all his just debts. In law, the term is applied to a person who 
has been judicially declared unable to meet his liabilities. A 
bankrupt law enables a debtor to be discharged from the 
payment of his debts upon giving up all property to his 
creditors. Congress has power to pass laws by which insol- 
vent debtors may settle their affairs. There have been four 
laws enacted concerning bankruptcy: the first in 1800, re- 
pealed in 1803; the second in 1841, repealed in 1843; the third 
in 1867, repealed in 1878; and the fourth in 1898. Many 
States have passed bankruptcy laws of their own, but these 
are always subject to the National law when there is one in 
force (I 4 ). 

Money. — As a consequence of the power conferred on Con- 
gress to coin money and to regulate its value, the United 
States has a uniform currency. The individual States are 
expressly forbidden to coin money or to make anything but 
gold and silver a legal tender for debts. 

The place where money is coined is called a mint. Mints 
have been established in different cities, but those in Phil- 
adelphia, New Orleans, and San Francisco are the only ones 
now in operation. The mints at Carson City and Denver 
are at present equipped as Assay offices. The principal mint, 
and the first that was established in this country, is at Phil- 
adelphia (1 5 ). 

The right to coin money implies the right to issue paper 



POWERS OF CONGRESS 253 

money. Such bills, however, are only evidence of a credit, 
and are but convenient substitutes for money. Paper money 
is taken by the people only because the Government stands 
responsible for the various forms of paper money issued. 
All paper money is made at the Bureau of Engraving at 
Washington. 

The paper money that is nearest to actual money of all 
the forms issued consists of the gold certificates and the 
silver certificates, issued on the security of gold and silver 
deposited as bullion in the Treasury of the United States. 
They are legal tender for all obligations public or private, 
except that part of the interest on the public debt which the 
Government agrees to pay in gold coin. 

Another part of the paper money in circulation consists 
of the bank notes issued by National banks under the sanc- 
tion of the Government, and secured by United States bonds 
deposited by such banks with the United States Treasurer 
at Washington. These notes are not a legal tender for 
private debts; but they are readily accepted everywhere, 
since the holders of such National bank notes, were it de- 
sirable to do so, could have them redeemed in gold or 
silver by presenting them at the bank of issue or at the 
United States Treasury. As a means of protection of the 
interests of the people, the Government inspects National 
banks regularly. 

Still another part of the money consists of " greenbacks," 
legal tender notes of the United States, first issued in 1862. 
They are so named because the devices on the back were 
printed in green ink to prevent alterations and counterfeits. 
Like gold coin and silver dollars, they are legal tender for all 
private debts. At one time the total amount of greenbacks 
outstanding was $600,000,000. After the resumption of spe- 



254 UNITED STATES 

cie payments in 1878 a large number of the greenbacks were 
redeemed and permanently retired. When the amount had 
been reduced to $346,000,000, Congress passed an Act requir- 
ing that thereafter any of the notes redeemed should be re- 
issued. Greenbacks are receivable for all debts and public 
dues, and are redeemed in coin at the Treasury on demand. 

Counterfeiting the coin and securities of the country is a 
serious crime. The law against counterfeiting provides a 
penalty of a maximum fine of five thousand dollars and 
imprisonment for not more than ten years (1 6 ). 

Weights and Measures. — Congress has the power to fix 
the standards of weights and measures. The United States 
standards of weights and measures are accurate copies of the 
English standards. The English system has become so firmly 
fixed as the result of several centuries of use that any change 
would be exceedingly difficult. Congress made the use of the 
metric system permissive in 1866; but, although its use is 
quite general among scientific men, the system has never 
become popular (1 5 ). 

Post Offices and Postage. — The common expression, "the 
United States mail," recognizes 'the single authority of the 
Government in the control of mail routes and post offices, 
and the establishment of a complete postal system (I 7 ). The 
first cognizance which the United States takes of its new 
territory is in the mail service. When the savage finds the 
mail carrier calling at his back door, he may consider him- 
self on the way to civilization. Even in the wilder parts of 
our vast domain the system of "toting" by private enterprise 
soon gives way to government carriers, and the people re- 
joice in far Alaska when the charge of one dollar a letter re- 
duces to the trifle charged by our postal rates. The present 
rate for a letter sent to any part of the United States is two 



POWERS OF CONGRESS 255 

cents. Five cents postage will send a letter to any of the 
civilized countries of the world. 

All mailable matter is divided into four classes. First- 
class matter consists of letters and other written matter, 
sealed or unsealed, and all other matter sealed or fastened 
in any manner not easily examined. Its rate of postage is 
two cents per ounce or fraction thereof; except on postal 
cards, and on local or drop letters where there is no free deliv- 
ery, in which cases the rate is one cent. Second-class mail 
matter consists of newspapers and periodicals issued not less 
than four times a year from a known office of publication. 
Such matter may be mailed by the public at one cent for each 
four ounces, but publishers and news agents may mail it for 
one cent a pound. Publications sent to actual subscribers 
within the county where published are free from postage un- 
less mailed for local delivery at a letter-carrier office. Third- 
class matter is books, circulars, proof sheets, corrected proofs, 
engravings, etc. The postage on this class is one cent for 
each two ounces or fraction thereof. Fourth-class matter 
includes merchandise, samples, and all mailable matter not 
included in the other classes. The limit of weight is four 
pounds, and the postage rate is one cent per ounce. 

Special-delivery stamps are sold at post office at ten cents 
additional postage. These entitle the letters to immediate 
delivery by special messenger to any point within a mile of 
a post office. Letters or any other mail matter may be regis- 
tered at the rate of ten cents for each package. Such mat- 
ter is carried with special precautions against loss. It can 
readily be traced, since every person who handles it must 
receipt for it. In case of loss of first-class registered matter, 
the Government will pay its value up to fifty dollars. 
The registry system reaches every post office in the world 



256 UNITED STATES 

Domestic money orders are issued at money order post offices 
for sums not exceeding one hundred dollars at rates from 
three to thirty cents above the sum of money to be sent. The 
system provides an absolutely safe and convenient means of 
transmitting money. 

Domestic rates of postage apply to Canada, Mexico, Cuba, 
Tutuila, Porto Rico, Guam, Hawaii, the Philippines, the 
"Canal Zone," the Republic of Panama, and Shanghai, 
China. The letter rate to Great Britain and Ireland is two 
cents an ounce or fraction thereof. Germany has the two- 
cent rate when letters are exchanged by sea direct. 

All civilized countries are included in the Postal Union. 
To most foreign countries the postage rates are for letters, 
five cents for the first ounce or fraction thereof, and three 
cents for each additional ounce; postal cards two cents each; 
second and third-class matter, two ounces for one cent. 

Rural free delivery of letters has become a permanent 
branch of the postal administration. The annual appropri- 
ation for this service is twenty-five millions of dollars, and 
exceeds that provided for city free delivery; the number of 
carriers is also greater. The rural service, with daily de- 
livery and collection, is in operation on thirty-six thousand 
routes and extends its benefits to over three million families. 
Persons desiring the benefits of service on a rural delivery 
route are required to furnish, at their own expense, boxes for 
the reception of mail to be delivered or collected by the carrier. 

Copyrights and Patents. — The exclusive control of copy- 
rights and patents is given to Congress. Copyrights are se- 
cured through the Librarian of Congress, and give the ex- 
clusive right to print, publish, and sell the book or other 
production for twenty-eight years. A copyright may be ex- 
tended for an additional twenty-eight years if desired. 



POWERS OF CONGRESS 257 

Applications for patents are made to the Commissioner 
of Patents. A patent gives the inventor the exclusive right 
to make and sell his invention for the period of seventeen 
years. By filing a caveat in the Patent Office, an inventor 
may protect his invention while maturing the same (1 8 ). 

Inferior Courts.— Congress has power to establish courts 
inferior to the Supreme Court. The courts are Appellate 
Courts, Circuit Courts, District Courts, the Court of Claims, 
the Court of the District of Columbia, Territorial Courts, 
and Consular Courts (1 9 , see also P). 

Piracies. — Congress has the power to define and punish 
piracies and felonies committed on the high seas, and offenses 
against the law of nations. It is right that these matters of 
admiralty and international law should be placed under the 
control of the National Government (1 10 ). 

War Powers. — Congress has the power to declare war 
(I n ), to raise and support armies (1 12 ), to provide and main- 
tain a navy (1 13 ), and to make rules for the government and 
regulation of the land and naval forces (1 14 ). Thus the 
security and defense of the country is amply provided for. 
The President is the commander in chief of the army and 
navy of the United States. But he must look to Congress 
for the laws providing for the establishment and maintenance 
of the same. No appropriation of money for the support of 
an army can be made for a term longer than two years (1 12 ). 
Thus the President and Congress cannot long carry out a war 
policy which the people disapprove, for the next Congressional 
election would reverse it. 

Army and Navy. — Although the President is commander 
in chief, and has complete control of the army and navy of 
the United States, he never takes the field himself, but in- 
trusts the direction and control to officers appointed by him. 

Am. Cit. — 17 



258 UNITED STATES 

reserving only to himself the right to interpose in exceptional 
cases. 

Man for man the army of the United States challenges 
comparison with any army in the world. It is in an excel- 
lent state of efficiency, and an American citizen has no cause 
to apologize for the personnel, courage, and discipline of the 
army of his country. Should an emergency arise, it will not 
be found wanting. It is, indeed, small as compared with the 
population of the country; but this is because it is purposely 
kept in the form which can be most rapidly changed into an 
organization for the field. It is much stronger in cavalry 
and artillery in proportion to the infantry than it would be 
for campaign purposes. This is because, were we to engage in 
war, it would take a comparatively short time to increase 
our infantry arm, but a much longer time to increase the 
cavalry and artillery branches of the line. In time of war, 
when the patriotism of the youth of the nation is aroused, 
there has rarely been difficulty in enlisting all the men that 
were needed for an emergency. Each cavalry and infantry 
regiment has a detachment of machine-gun experts. The 
total strength of the different branches of the service in 1909 
was as follows: Total enlisted men in cavalry, 13,266; coast 
artillery, 19,321; field artillery, 5,245; infantry, 26,616; engi- 
neers, 2,002; additional strength, 6,816. Total in the line 
of the army, 73,266. The staff departments add 4,477, mak- 
ing a total of 77,743 in staff and line. The law provides that 
the strength of the army shall not exceed 100,000. 

In addition to the regular army, Congress has power to 
call into service the militia or citizen-soldiery of the United 
States (1 15 ). In the broadest sense of the term, the militia 
comprises all the able-bodied male citizens of the States be- 
tween the ages of eighteen and forty-five. The President 



POWERS OF CONGRESS 259 

cannot call them into active service for a longer period than 
nine months in any one year. The organized militia, termed 
the National Guard, consists of State troops trained by 
State officers, and may be called out by the Governor of 
the State whenever needed to assist the civil authorities in 
suppressing riots. The State militia may be called into the 
service of the United States, in which case it is subject to 
the orders of the President and is paid and cared for like 
the regular army (1 16 ). 

The navy of the United States holds high place in the 
esteem of the American people. Our naval history is sin- 
gularly free from incidents calculated to diminish admira- 
tion for this branch of the public service. The Revolution 
and the War of 181 2 showed that our small navy was not 
below the greatest in the skill of its captains, the quality of 
its ships, and the valor of its sailors. In modern times the 
navy has met every test with such success that few observers 
will be found to deny its equality, so far as individual ef- 
ficiency of men, ships, and guns is concerned, with the navy 
of any other great power. In recent wars the record of the 
navy has been one of almost unbroken success. Our naval 
service has always been imbued with a high sense of loyalty to 
the constituted authorities of the country. 

A navy is in an absolute sense an instrument of warfare, 
and is large or small only with reference to the strength of 
the enemy it may be called upon to encounter. The main 
thing to be sought is the keeping up of the efficiency of the 
various vessels as instruments of defense under the control 
of skilled officers and men. The annual expenditure at pres- 
ent is about one hundred and four millions of dollars. 

The oldest vessels of our battleship division are the veter- 
ans of the Spanish- American War, the Oregon, Massachusetts, 




260 



POWERS OF CONGRESS 261 

Indiana, Iowa, and the Texas, still as formidable fighting ma- 
chines as they were at Santiago. Since that smoke-blown day, 
many great battleships have been made ready for service and 
put in commission. The present tendency as to the arma- 
ment of the battleship places dependence upon large guns of 
great caliber and long range; with a numerous battery of 
rapid-fire guns of small caliber used in repelling torpedo-boat 
attacks. 

The officers of the army and navy are not subject to im- 
peachment, but are tried before special military or naval 
courts called courts-martial, which are appointed for the 
purpose by the President of the United States. 

The power to grant letters of marque and reprisal is vested 
in Congress. By this is meant the granting of authority 
whereby private persons are permitted to fit out privateers or 
armed vessels to prey upon an enemy's commerce. Such 
license was given in the War of 181 2; but the great nations 
of the world have abandoned the practice. 

The District of Columbia. — The capital of the United 
States is the city of Washington, situated in the District of 
Columbia, at the head of navigation on the Potomac River. 
This Federal District was originally ten miles square, and was 
ceded to the United States by Maryland and Virginia. The 
part ceded by Virginia was returned to that State in 1845, an d 
the area of the District is now only seventy square miles. The 
District is under the direct jurisdiction of Congress. The 
inhabitants have no representation in Congress, nor any 
rights of suffrage at local or National elections. The execu- 
tive and judicial officers are appointed by the President, and 
Congress acts as the legislature of the District (1 17 ). 

Implied Powers. — Congress is granted the power to make 
all laws which are necessary and proper for carrying into exe- 



262 UNITED STATES 

cution the powers that have been described above, and all 
other powers vested by the Constitution in the Government of 
the United States, or in any department or officer of the 
Government (1 18 ). It was impossible to enumerate every 
particular act which Congress could perform; so, certain 
powers were expressly granted, and this general grant of power 
was added. It has been held that this clause confers no addi- 
tional power; since, wherever the general power to do a thing 
is given, the particular powers necessary for doing it are in- 
cluded. This has been called the " elastic or sweeping 
clause," because it can be urged in defense of almost any ac- 
tion of Congress. Patrick Henry, who was a fierce critic of 
the Constitution and strongly opposed its adoption by Vir- 
ginia, centered his objections about the single idea that, as it 
then stood, it seriously endangered the rights and liberties of 
the people of the several States. 

The adoption of the Constitution was sufficient warrant 
to Congress in the use of all the means which were expressly 
delegated powers given by that instrument. But the need of a 
strong government soon gave rise to the doctrine of implied 
powers, a doctrine advanced by Alexander Hamilton. This 
doctrine rests upon the idea that unless directly prohibited by 
the Constitution, all powers found necessary and proper for 
carrying out the powers specifically granted, are given to the 
government by implication. The power to do a thing in- 
cludes the power to use the necessary means for doing it. 
While the doctrine of implied powers has never been entirely 
denied by any American statesman, great differences as to the 
extent of the application of the principle have given rise to the 
two great schools of political thought which have molded the 
policy of the nation and brought it to its present proud posi- 
tion. In the Cabinet of Washington, two great men were the 



POWERS OF CONGRESS 263 

exponents of these contrasting principles. Jefferson, the 
Secretary of State, believing that the government was one 
of delegated powers, endeavored to limit Congress as closely 
as possible to the powers enumerated in the Constitution. 
The followers of Jefferson took their stand as advocates of the 
strict construction of the Constitution. On the other hand, 
Hamilton, the Secretary of the Treasury, advocated the idea 
of a broad construction. In his view, the Constitution was to be 
interpreted as granting all powers that go to make up a strong 
and efficient government; not only those powers expressly 
indicated in the Constitution, but also those which should be 
found, as time unfolded, to be fairly and clearly implied in the 
objects for which the Government was established. 

Broadly speaking, the Republican party of to-day may be 
said to date back to Hamilton, while the Democratic party 
follows in the policy of Jefferson. Through their mutual 
control against excesses, these two principles of interpreta- 
tion, broad construction and strict construction, have wrought 
for the good of the country. The one gave us a strong finan- 
cial policy and the extension of the functions of government 
to all the great objects necessary to the creation of a vigorous 
and united Nation. The other prevented the Bank of the 
United States from becoming a vast political force, a menace 
to the liberties of the people, and gave us instead an inde- 
pendent treasury keeping its vast balances in its own vaults. 

QUESTIONS 

Is the money you pay for a postage stamp a tax? 

Does the Constitution of the United States declare any general 
principle in reference to taxation? 

What three restrictions does the Constitution of the United States 
place upon the taxing power of Congress? 



264 UXITED STATES 

Write the names of the different kinds of taxes. 

When does Congress practically serve as a city council? How is 
the District of Columbia governed? 

What are the delegated powers of Congress ? 

What is a tariff? Distinguish between specific and ad valorem du- 
ties. What is meant by reciprocity? 

Under what circumstances is the Government justified in borrow- 
ing? 

What are United States bonds ? What is money ? 

When was the first Bank of the United States chartered? When 
was the first National bank organized in the United States? 

Discuss the topics: money, bankruptcy, weights and measures, 
public credit, and commerce. 

What State has been annexed? What States had no territorial 
government before admission? 

Give some examples of wholesale naturalization. 

Describe the circumstances under which Louisiana was acquired. 
State some facts concerning the acquisition of Florida; Texas, Cali- 
fornia; Hawaii; Porto Rico, the Philippines. 

Suppose your gold certificate should be burned, would the Govern- 
ment gain or lose? 

Which do you see more frequently, gold certificates or silver 
certificates ? What was the smallest amount for which you ever saw 
a gold certificate ? The largest amount ? 

Is a United States bank note legal tender for all debts? What is 
the penalty for counterfeiting it ? Where was the note you examined 
printed? 

Why should a voter be a citizen of the United States ? 

What is meant by a tariff for revenue only ? 

What does the Constitution say about naturalization? What are 
the laws on the subject? 

Define treason; letters of marque and reprisal; the writ of habeas 
corpus. 

How does the Government borrow money ? How much does the 
Government owe, and what is the form of the debt ? Has Congress 
power to prohibit commerce with one or more nations? When did 
Congress prohibit American merchant ships from leaving port? 

How are National banks organized? What is meant by the term 



POWERS OF CONGRESS 265 

legal tender? Is there a standard pound in this State ? A standard 
bushel ? 

Look on the back of a greenback for the law about counterfeiting. 
Is there any law against passing counterfeits ? 

When was our Post Office Department established? Who was 
placed at the head of it ? Who is the present Postmaster-General ? 
What is meant by the term Presidential offices in speaking of post 
offices ? 

What are the present rates of postage in the United States ? How 
much does it cost to send a letter to England? 

When were postal cards introduced? 

Is this book copyrighted? What things besides books are copy- 
righted? Name some book that is not copyrighted. How is a copy- 
right secured ? How long does a copyright continue in force ? How 
may it be renewed? 

What is a patent? How may an inventor secure time to perfect 
his invention ? Name five important patented inventions. What ef- 
fect does the expiration of a patent have upon the price of the article ? 
Is it unfair that an inventor should make a fortune out of his inven- 
tion? 

In what way do patents and copyrights promote the progress of 
science and the useful arts? 

Could Congress establish more than one Supreme Court? By 
what authority does Congress organize Territorial Courts ? Who is 
the Federal judge for this district? 

What is piracy? Who may punish a pirate? Can a pirate claim 
the protection of the American flag? What protection is afforded by 
letters of marque and reprisal ? 

Give arguments in favor of the militia system, as against that of a 
large standing army. What circumstances favor us in adopting the 
militia system ? What noted instances of great volunteer armies can 
you mention? 

Where are the officers of the army educated ? Give an estimate 
of the total strength of the regular army. Who has charge of the War 
Department? 

Where are most of the naval officers educated? How does the 
navy of the United States compare with the navies of other great 
powers ? 



266 UNITED STATES 

Name some of the most famous ships mentioned in the naval his- 
tory of the United States. 

What is the difference between military law and martial law ? 

What is counterfeiting? 

What is meant by the term demonetization of silver? What is the 
silver certificate? 

What are the implied powers of Congress? How do they differ 
from delegated powers? 

What is an express or delegated power of Congress ? Name four 
express powers of Congress, and three implied powers. 

What power has Congress over government property ? 

Why was the capital of the United States placed under the ex- 
clusive control of Congress? 

Hamilton claimed that the United States could establish banks 
under the "elastic or sweeping clause." What is this clause? 

How are new issues absorbed by the great parties? Give one 
great illustration. 

State the principles held by the great political parties. Name the 
minor parties, and state the principles held by each. 

What were the political views of Thomas Jefferson ? Of Alexander 
Hamilton ? 

Distinguish between a "boss" and a leader. 

Describe the permanent organization of a political party. Name 
two great parties, and tell wherein they differ in principles. 

Name some of the great politicians who have made political his- 
tory. Who are the leaders at the present time ? 



CHAPTER XXVII 

POWERS DENIED TO CONGRESS AND THOSE 
DENIED TO STATES 

The Slave Trade. — At the time of the adoption of the Con- 
stitution, the majority of the members of the Convention were 
in favor of leaving Congress free to prohibit the importation 
of slaves. Laws prohibiting the foreign slave trade had been 
passed by all the States except North Carolina, South Caro- 
lina, and Georgia. As it was desirable to bring as many 
States as possible into the Union, and very doubtful whether 
these States would agree to the Constitution were Congress 
left free to prohibit the slave trade at once, and as some in- 
fluential New Englanders were engaged in this traffic, it 
was at last agreed that the slave trade should be left open for 
twenty years. A duty of ten dollars might be imposed on every 
slave imported (J *). 

At the earliest possible time Congress exercised its power 
for terminating the foreign slave trade. The tax permitted 
was never imposed. A law was passed in 1807, to go into 
effect January 1, 1808, making the importation of slaves un- 
lawful. In 1820, the African slave trade was declared piracy, 
and made punishable by death. The result of the Civil War 
was the abolition of slavery, and the Thirteenth Amendment 
has made this clause of historic value only. 

Habeas Corpus. — The object of the clause concerning ha- 
beas corpus (J 2 ) is to protect people from unjust imprison- 

267 



268 UNITED STATES 

ment. Every person upon being arrested for alleged crime 
has the right to immediate hearing as to whether there is 
sufficient cause for his detention or imprisonment. This 
right is enforced by a writ of habeas corpus, an order direct- 
ing the officer who has the person in his custody to bring the 
body — : the person — into court and to show cause for his de- 
tention. So important is this right, that it can be suspended 
only in cases of rebellion or invasion, when the public safety 
demands it (J 2 ). The writ takes its name from the words 
habeas corpus, " have the body," found in the old Latin form. 

While stating that the writ of habeas corpus can be sus- 
pended only in times of rebellion or of invasion by a foreign 
army, when the public safety may require it, the Constitution 
does not specify who has the right to suspend this writ. In 
the early days of the Civil War, in order to prosecute success- 
fully the war for the preservation of the Union, President 
Lincoln suspended the writ of habeas corpus by ordering mili- 
tary officers not to give up persons arrested on charges of dis- 
loyalty, even when judges issued the proper writs. Many 
strong Union men protested against this action, and declared 
that the President deliberately violated the Constitution. The 
truth is that no written frame of government could meet com- 
pletely the terrible needs of a great civil war, and perhaps it 
was necessary to bend the Constitution to avoid breaking it. 
It is now agreed, however, that this power of suspension of the 
writ belongs to Congress alone. Even in the case of Lincoln's 
suspension of the writ of habeas corpus, Congress fully sus- 
tained him in the exercise of the power; for afterward a law 
was passed legalizing his acts and giving him power to con- 
tinue such suspensions of the writ. 

Bills of Attainder. — A bill of attainder is an act of the 
Legislature by which the punishment of death of outlawry is 



POWERS DENIED TO CONGRESS 269 

inflicted upon a person, without a trial. In English legisla- 
tion the legal heirs could not inherit the estate of the attainted 
person, but it was forfeited to the Crown. Congress is ex- 
pressly forbidden to pass any such bills (J 3 ). 

An ex post facto law is literally one which is made after an 
act is done. But it is in fact a law that makes punishable as a 
crime, an act that was not criminal when done. Any law that 
increases the punishment of a crime after it has been com- 
mitted, becomes also an ex post jacto law as regards the pun- 
ishment of the accused persons. If, for example, a law should 
be passed requiring all persons now charged with stealing, to 
be imprisoned for life, if found guilty, such law would be ex 
post facto; and the persons convicted could not be made to 
suffer its penalty, because the crime, when committed, was 
punishable by a shorter term of imprisonment. Congress 
cannot pass such laws (J 3 ). 

Proportional Taxation. — If Congress levies any direct tax 
upon the people it must be apportioned among the States 
according to their population (J 4 ). The census taken every 
tenth year enumerates the people. A direct tax is one levied 
upon the very person who is likely to bear the burden. A 
capitation tax or poll tax is a tax levied upon each head or 
person. It has recently been decided that a tax based upon 
incomes is a direct tax, and must be distributed among the 
States in proportion to their population. An Income Tax 
Amendment to the Constitution is now (1910) before the 
States for ratification. 

Export Duties. — No export duties can be laid by Congress. 
No law for taxing exports could be devised which would oper- 
ate equally upon the interests of the different States. In some 
States the chief product is grain; in others, cotton; and in 
others, manufactures. How could Congress fix a just tax 



270 UNITED STATES 

upon the several articles ? If an export tax of twenty cents 
per bushel was levied upon wheat, what would be the just tax 
upon a pound of cotton ? Such problems would be impossible 
of adjustment among the representatives of the various States. 
The same clause also makes entirely free the internal trade 
and commerce of the country (J 5 ). 

Impartial Commercial Laws. — Congress can pass no law 
giving a preference to the ports of one State over those of an- 
other. Vessels bound to or from one State cannot be obliged 
to enter, clear, or pay duties in another (J 6 ). 

To enter a ship at a port is to notify the proper officers of 
her arrival, and to submit at the customhouse the invoices 
of her cargo. To clear a ship at a customhouse is to show and 
obtain the papers required by law, to secure permission to 
leave the port. 

All ships engaged in carrying goods and passengers between 
ports in the United States must be American ships, and these 
must be built in American shipyards. Most of our foreign 
commerce is carried in foreign-built vessels, since both for- 
eign and American ships may engage in such commerce, and 
ships are built for less money abroad than in the United States. 

Appropriations. — No money shall be drawn from the 
treasury but in consequence of appropriations made by law. 
This clause places the control of the public money in the hands 
of the representatives of the people, and beyond the reach 
of the executive or any other officer. At the same time, if 
Congress becomes extravagant, the President can guard the 
people's money by vetoing appropriation bills. Congress, at 
every session, passes many appropriation bills prepared with 
great attention to detail, and the annual expenditure of money 
for the expenses of the United States Government amounts to 
many millions of dollars. 



^: 



POWERS DENIED 2 7 1 

Every month a statement and account of the receipts and 
expenditures, and surplus on hand is issued. Such financial 
reports are made by the Secretary of the Treasury, and pub- 
lished by order of Congress, in order that the people may 
know for what purpose the public money is expended (J 7 ). 

Titles of Nobility. — Any mere title of nobility could not 
add to the political power of any person under our Constitu- 
tion; but, since it is proper that there should be equality of 
rank as well as of political rights, Congress is prohibited from 
granting titles of nobility. These would be out of character 
and corrupting in tendency in a republican country. It is 
further provided that no officer of the United States can, 
without the consent of Congress, accept any present, office, 
or title from any king, prince, or foreign state (J 8 ). 

Powers Denied to the States. — The successful working 
of the National system of government renders it necessary 
that certain powers be denied to the States. No State can 
enter into any treaty, alliance, or confederation; coin money, 
issue paper money, or make anything but gold and silver coin 
a tender in payment of debts; pass any bill of attainder, ex 
post jacto law, or law impairing the obligation of contracts; 
or grant any title of nobility (K 1 ). 

No State, without the consent of Congress, can lay any 
imposts or duties on imports or exports, except such as are 
necessary to pay the costs of inspection service (K 2 ). Nor 
can any State, without the consent of Congress, levy any ton- 
nage tax on ships, keep troops or ships of war in time of peace, 
or enter into any agreement or compact with another State 
or a foreign power. No State can engage in war, unless it is 
actually invaded or in such immediate danger of invasion as 
will not admit of delay (K 3 ). 

Some of the prohibitions named above have also been 



272 UNITED STATES 

placed upon Congress, and there can be no good reason, 
therefore, for granting the powers to the States. Uniformity 
in legislation is secured, and the States are prevented from 
exercising harmful power. The reasons for these prohibi- 
tions are manifest, and any extended remarks upon them un- 
necessary. A very famous lawsuit, the Dartmouth College 
case, arose under that part of this clause (K 2 ) which forbids 
any State to pass a law impairing the obligation of contracts. 
In 1816 the legislature of New Hampshire passed an act to 
reorganize the college under a new charter, which would of 
course annul the charter previously granted by the State. 
The trustees, with Daniel Webster as counsel, appealed the 
case to the Supreme Court of the United States. Chief Jus- 
tice Marshall delivered one of his great opinions in which he 
held that the college charter was a contract within the mean- 
ing of the Constitution, and that the acts of the Legislature im- 
paired this contract, and were therefore void. This decision 
brought every charter granted by a State within the scope of 
the Constitution, and extended the jurisdiction of the highest 
court more than any other judgment ever rendered by that 
court. Since then the precedent which it established has con- 
tinued to exert an enormous influence. 



QUESTIONS 

When was slavery introduced into the United States? 

When was the foreign slave trade prohibited ? 

Define habeas corpus. When has this writ been suspended? Who 
has the power to suspend habeas corpus ? Why may habeas corpus be 
suspended in time of war? 

What is an ex post facto law ? 

Why are taxes not levied upon exports? 



1 



POWERS DENIED 273 

Discuss in a general manner the powers of Congress. How are ap- 
propriations made by Congress ? 

Before money can be taken from the Treasury, what is necessary ? 

What are the powers denied to the States ? 

What is meant by obligation of contracts? 

What is a treaty ? How are treaties made ? Name some celebrated 
treaties. Give the main points of a recent treaty. 

Name five subjects upon which the States can make no laws. 

What is a capitation tax ? 

What is a bill of attainder? 

Explain the terms, to enter a ship and to clear a ship at the custom- 
house. 

Describe the Dartmouth College case regarding the obligation of 
contracts. 

Can a State make a treaty with another State or nation ? Give reasons 
for your answer. 

What is an extradition treaty ? 

What prohibitions apply to both the Federal and the State govern- 
ments? Arrange all the prohibitions in tabular form according to the 
rights of individuals, the rights of States, and the security of the Na- 
tional Government. 
Am. Cit — 18 



CHAPTER XXVIII 

THE EXECUTIVE POWER 

The Necessity of an Executive Department. — A govern- 
ment in which the powers of making, executing, and apply- 
ing the laws were united in a body of men, however numerous, 
would be little better than a despotism. There must be a 
separate and distinct power to execute the laws. Laws are 
made for the purpose of protecting the good, punishing of- 
fenders, and securing the peace and prosperity of the Nation. 
Under the Articles of Confederation there was no National 
executive; only a presiding officer of Congress. Feebleness 
of government could be the only result of such a condition of 
affairs. No men were better able to understand the need of 
the concentration of executive powers than were those who 
framed the Constitution of 1787. Convinced of the necessity 
of such an officer, these men looked at existing models as 
exemplified in the frames of government of the various com- 
monwealths. There they found, in every case, a State execu- 
tive balanced as a power against the State Legislature. The 
establishment of a Federal executive, charged with the duty 
of securing obedience and enforcing the laws enacted by 
Congress, seemed the obvious course to pursue. The framers 
of the Constitution acted wisely in placing the Executive 
power in the hands of one person, because unity is favorable 
to prompt and energetic action. Discord and disagreement 
would follow divided responsibility, and frequent and inju- 

274 



THE EXECUTIVE POWER 275 

rious delays would result. The Constitution, therefore, pro- 
vides for the establishment of the Executive Department, in 
which the one responsible head, with thousands of men as 
assistants to carry out the details, is able to make effective 
the body of laws which Congress has enacted for his guidance. 
The first and most important of all the duties of the Chief 
Executive is to see that the laws are faithfully executed (N). 

The President of the United States. — The Executive power 
is vested in the President, who is the head and personal 
representative of the Nation (L 1 ). He represents the Nation 
as a whole, just as the Governor of the State represents the 
Commonwealth. He is simply the first citizen of a free na- 
tion, depending for his authority on neither title, nor official 
dress, nor insignia of office. The President is the only officer 
who is directly responsible to the Nation for the administra- 
tion of the Government. He is strong because his rights come 
straight from the people; and, in the highest sense, he repre- 
sents the people no less than do the members of the two houses 
of Congress. The independence of his position, with noth- 
ing either to gain or to fear from Congress, should set him 
free to think only of the welfare of the Nation. If he fails to 
rise to this lofty plane of National duty, he sinks into the 
obscurity of the distributer of the spoils of office. Respon- 
sibilities make men serious; and those incident to the office of 
President of the United States of America have caused the 
manifestation of noble qualities by all our Presidents. 

Qualifications. — The qualifications for the offices of Presi- 
dent and Vice President are the same (Am. 12). Foreign- 
born citizens are not eligible. The candidate for either office 
must have reached the age of thirty-five, and must have 
been fourteen years a resident of the United States (L 4 ). A 
child born to American parents while abroad would be a 



276 UNITED STATES 

natural-born citizen, provided the parents still retained their 
citizenship. Such person, so far as his birth is a factor, 
would be eligible to the Presidency. 

Term of Office. — The term of office of both President 
and Vice President is four years, and they are eligible to re- 
election. The term of office is sometimes considered too 
short to insure a due degree of independence, and to enable 
the President to carry out a system of public policy. How- 
ever, an unusually popular or capable man may be elected 
for a second term. Although no provision in the Constitution 
prevents election to a third term as President, no person has 
ever held the office for a third term. The burden of respon- 
sibility is too heavy to be borne long, and Washington set 
the example of retiring at the close of the second term. Jeffer- 
son, undoubtedly, could have been chosen for a third term 
in 1808; but his refusal established a custom which has since 
been followed, although efforts were made in 1876 and in 1880 
to secure a third term for Grant. The hero of Appomattox 
was an exceptionally popular man; and a principle maintained 
against him is not apt to be departed from for many elections 
to come. 

The Presidential Electors. — The President and Vice Presi- 
dent are chosen by the Electoral College, which is composed 
of Presidential Electors chosen in the several States for that 
purpose. Each State is allowed to select a set of Presidential 
Electors equal in number to that of its Senators and Repre- 
sentatives together, and each Elector has one vote. No 
Senator or Representative, or person holding an office of 
trust or profit under the United States, can be appointed a 
Presidential Elector (L 2 ). 

Each State may appoint or choose its quota of Electors in 
whatever manner it sees fit. At first they were more often 




2 77 



278 UNITED STATES 

than otherwise chosen by the State Legislature, but now 
Presidential Electors are always elected by the people as a 
whole. The day of election must be the same in all the 
States (L 3 ). The people elect the Presidential Electors on 
the Tuesday next after the first Monday of November, in 
every fourth year: 191 2, 191 6, and so on. The first election 
occurred in 1789, when Washington was unanimously chosen 
President. He was also the unanimous choice in the second 
election, that of 1792. 

The people on election day were at first not supposed to 
be voting for a President and Vice President, but for Presi- 
dential Electors. But since the election of Washington, the 
Electors have simply registered the result of the vote of the 
people. Soon after election day, long before the meeting 
of the Electors, we know who is to be the next President. 
The Electors are chosen to vote for specified candidates, and 
they do so. 

Nomination of Presidential Candidates and Electors. — 
Under all governments which grant any considerable de- 
gree of freedom, political parties arise, differing in their ideas 
and seeking to control the policy of the nation. Naturally, 
each party organization in the United States desires to elect 
to the highest office a man chosen from its ranks, and thus 
secure the management of public affairs. 

In the Summer of the year before a President is to be seated, 
each party organization meets in its National Convention 
in some large city to nominate candidates for President and 
Vice President, and to adopt a platform setting forth the 
principles upon which the party proposes to stand. These 
conventions are called by the National Committees. The 
conventions called by the Republican and Democratic parties 
consist of four delegates at large from each State, usually 



THE EXECUTIVE POWER 279 

appointed in each State convention, and twice as many 
district delegates as the State has Congressmen. The district 
delegates are usually appointed in district conventions. Each 
Territory, as well as the District of Columbia, is entitled to 
six delegates. In the Republican National Convention a 
majority vote for any candidate secures the nomination, but 
in the Democratic Convention a two-thirds vote is required. 
National Committees,, consisting of one member from each 
State and Territory, are appointed by each of the great 
parties to conduct the political campaign for the election of 
the nominee of the party. The delegates of each State appoint 
the member of the National Committee for their individual 
State, while the Presidential nominee of a party practically 
selects the chairman of the National Committee of his 
party. 

At the State convention of each political party, a ticket 
of Presidential Electors for that party is nominated. Thus, 
before the time arrives for the holding of the Presidential 
election, each party has nominated candidates for President 
and Vice President, and has also named Presidential Elec- 
tors in each State. Territories have no Electors. 

On election day the people in all the States vote for Presi- 
dential Electors. The Electors receiving the highest number 
of votes in each State are declared elected. In some States 
the Electors were formerly chosen by Congressional districts, 
but now the Electors are chosen on a general State ticket, 
and thus the Electoral vote becomes solid in each State. 
Occasionally, however, where the vote is close in a State, the 
voting of split tickets may divide the Electoral vote of a State. 
Thus in 1892, Ohio gave twenty-two votes for Harrison and 
one for Cleveland, because the vote was so close; California 
gave eight for Cleveland and one for Harrison for the same 



280 UNITED STATES 

reason. Oregon gave three votes for Harrison and one for 
Weaver, because one of the Electors on the Populist ticket 
was also on the Democratic ticket. Michigan gave nine votes 
for Harrison and five for Cleveland, because the State Legis- 
lature provided for voting that year by Congressional dis- 
tricts. In North Dakota, two Populist Electors were chosen 
and one Republican; but one Populist exercised the freedom 
of choice which nominally the Presidential Electors have, and 
cast his vote for Cleveland. Although the divided Electoral 
vote is unusual, it is under the present conditions not impossi- 
ble that in some close election, enough Presidential Electors 
might be induced to vote for a candidate to whom they were 
not nominally pledged and thus defeat the will of the party 
that has chosen the majority of Electors. An amendment 
to the Constitution, covering this ground of danger, would 
make it impossible thus to defeat the will of the party right- 
fully entitled to the victory. 

Meeting of the Electors. — On the second Monday in 
January following their election, the Presidential Electors 
meet in their respective States, usually at the State capital, 
and vote by ballot for President and Vice President, one of 
whom at least must not be an inhabitant of the same State 
with themselves. Three distinct lists are made of all the 
persons voted for as President, and also the number of votes 
each received. Three separate lists are also made of all the 
persons voted for as Vice President, and the number of votes 
each received. These lists are signed, certified, and sealed. 
Three certificates or "returns" are made from the six lists, 
in order to insure the safe arrival of one, at least, at Washing- 
ton. One return is deposited with the judge of the United 
States Court of the district in which the Electors meet. The 
other two certificates or returns are sent to the President of 



THE EXECUTIVE POWER 281 

the Senate at Washington, one by special messenger, and one 
by mail. The envelopes of all the certificates bear the address 
of the President of the Senate. If from any cause the messen- 
ger should fail to deliver his certificate, and the one sent by 
mail be lost, the President of the Senate may then send for 
the certificate deposited with the judge of the District Court. 
Whatever may have been the original intention in the estab- 
lishment of the Electoral College, it has become simply the 
registering machine of the popular vote. When the Electoral 
College has sent in its returns its duty is done and it ceases to 
exist. 

Counting the Votes. — On the second Wednesday of Feb- 
ruary the President of the Senate, in the presence of the Sena- 
tors and Representatives in joint convention assembled, opens 
the sealed certificates from all the States, and the votes are 
counted. The person having a majority of all the Electoral 
votes for President is declared elected. Also the person hav- 
ing the majority of all the Electoral votes cast for Vice Presi- 
dent is declared elected (Am. 12). 

In the method of voting (L 2 ) in use until 1804, each Elec- 
tor wrote down two names without stating which person he 
desired as President. The candidate who received the largest 
vote, provided it was a majority of the whole number, was 
declared President; the candidate with the next largest num- 
ber was declared Vice President. As a result of this plan, 
Adams in 1797 became President, and his antagonist Jeffer- 
son, became Vice President, because the Adams men were 
not united in their choice for Vice President. In 1801 this 
plan of voting gave Jefferson and Burr the same number of 
votes, and threw the election into the House of Representa- 
tives, although it was well understood that the Electors who 
voted for Jefferson and Burr wished Jefferson for President 



282 UNITED STATES 

and Burr for Vice President. If one of the opposing Electors 
had been unprincipled enough to cast a vote for Burr, instead 
of for his own candidate, Burr would have been elected 
President and the will of the people defeated. 

By the Twelfth Amendment to the Constitution, declared 
in force in 1804, the present method was adopted. 

Election by the House. — If no person has a majority of all 
the Electoral votes, the House of Representatives proceeds 
immediately, by ballot, to choose a President from the three 
candidates receiving the highest number of Electoral votes. 
In such election the voting is done by States, that is, each State 
has one vote. The vote of each State is determined by the 
majority of the Representatives of that State. When a vote 
for President is taken in the House of Representatives, two 
thirds of all the States must be represented in order to have a 
quorum, and a majority of all the votes by States is necessary 
to a choice (Am. 12). 

There have been two elections of a President by the House 
of Representatives. Thomas Jefferson was thus chosen in 
1 80 1, and John Quincy Adams in 1825. Both of these elec- 
tions caused great excitement. In the second, the Electoral 
votes had been divided among four candidates. Andrew 
Jackson had received 99 votes; John Quincy Adams, 84; 
William H. Crawford, 41; and Henry Clay, 37. When the 
election was thrown into the House of Representatives, Ad- 
ams received the votes of 13 States; Jackson, the votes of 7 
States; and Crawford, the votes of 4 States. John Quincy 
Adams, having received the vote of a majority of all the States, 
was declared elected. 

If the House of Representatives, whenever the right of 
choice devolves upon them, shall fail to elect a President be- 
fore March 4 following, then the Vice President becomes 



THE EXECUTIVE POWER 283 

President as in the case of the death, removal, or resigna- 
tion of the President. 

It is proper that under the circumstances of a failure of 
the Electoral College to elect a President, the choice should 
devolve upon the House of Representatives. The House is 
the direct representative of the people, and at any given 
time is politically in closer touch with the sentiment of the 
voters. 

When the Senate may Elect the Vice President. — If there 
is no election of a Vice President by a majority of the Presi- 
dential Electors, then, from the two highest on the list of those 
voted for, the Senate proceeds to choose the Vice President. 
Two thirds of the whole number of Senators constitutes a 
quorum for such election; and a majority of the whole number 
is necessary to a choice. 

The Senate is properly given the choice of its own presiding 
officer, and this also adds greater security. Had the House of 
Representatives the power to elect both President and Vice 
President, a disagreement might cause the failure to elect 
either before inauguration day, and the country would have 
no Executive. 

The only opportunity which the Senate has had to exer- 
cise this power was in 1837, when Richard M. Johnson was 
chosen Vice President. 

A Minority President. — A President who fails to receive a 
majority of the popular vote is called a "Minority President." 
Thus, in 1892, the total popular vote was 12,059,351, and a 
majority vote would have been 6,029,676 votes. But Cleve- 
land received only 5,556,918 votes; that is, 472,758 votes less 
than a majority. Yet the entire Electoral vote was 444, of 
which a majority was 223 votes. Cleveland received 277 
Electoral votes, and was declared elected. 



284 UNITED STATES 

Minority Presidents have been numerous. John Quincy 
Adams, James K. Polk, Zachary Taylor, James Buchanan, 
Abraham Lincoln, Rutherford B. Hayes, James A. Garfield, 
Grover Cleveland, and Benjamin Harrison were Minority 
Presidents. 

The failure of the system of the Electoral College to reg- 
ister the popular verdict has suggested the changing of the 
method of electing a President. One such method would 
be to abolish the Electoral College, and to resort to direct 
popular vote without reference to State lines. But a serious 
objection to this method arises. Even now, in a closely con- 
tested election, the result may remain doubtful for some days 
while a narrow majority of a few hundred votes in some great 
pivotal State is being counted. It was so in 1884, when the 
State of New York cast its thirty-six Electoral votes for Cleve- 
land by the narrow margin of 1,047 votes out of a total of 
1,100,000 votes. This period of doubt is a time of intense and 
dangerous excitement. In an election without reference to 
State lines, the result would more often be doubtful, and the 
chances for dispute would be multiplied with demoralizing 
effect. The system of choice by Electors is doubtless clumsy 
and indirect, but the solidity of the Electoral Colleges of the 
several States is in reality a safeguard. The election has vir- 
tually become a choice by States; for the whole weight of each 
State is thrown into the scale of that candidate whose list of 
Electors is chosen in that State. 

The Electoral Commission. — A serious dispute arose in 
1876 concerning the conflicting returns sent in by two hostile 
sets of Electors in each of the States, Florida, Louisiana, and 
South Carolina ; to which was added the question whether one 
of the Electors chosen in Oregon was disqualified because he 
was a postmaster. In the absence of a satisfactory method 



THE EXECUTIVE POWER 285 

of determining which ballots to count, the Republican and the 
Democratic parties in Congress passed a law to submit the 
matter to an Electoral Commission composed of five Senators, 
five Representatives, and five Associate Justices of the Su- 
preme Court of the United States. The Commission was ap- 
pointed January 29, 1877. Bya strict party vote of eight to 
seven the Commission decided every disputed question in 
favor of the Republican candidate, and the result was that 
Hayes received 185 Electoral votes, and Tilden 184 Electoral 
votes. This decision, given March 2, 1877, closed the gravest 
crisis which ever attended an Electoral count so far as the 
Nation was concerned. The patriotism of party leaders had 
settled peacefully a dangerous dispute which might have re- 
sulted in civil war. Thus Rutherford B. Hayes became Presi- 
dent of the United States. In 1887 the whole question of con- 
flicting returns was set at rest by an Act of Congress which 
provides that no Electoral votes can be rejected in counting 
except by the concurrent action of the two houses of Congress. 
In so far as the ascertainment of the Electors appointed by 
a State is concerned, the authorities of that State decide which 
group were chosen. The law is very explicit in the details of 
the meetings, and, in regard to the joint meetings of the two 
houses, even provides where the members and officers of the 
Senate and House shall be seated. 

Presidential Succession. — In case of the removal of the 
President from office, or of his death, resignation, or inability 
to discharge the duties of his office, the Vice President be- 
comes President (L 5 ). Five times in our history the Vice 
President has succeeded to the Presidency: John Tyler, upon 
the death of William H. Harrison in 1841; Millard Fillmore, 
upon the death of Zachary Taylor in 1850; Andrew Johnson, 
upon the death of Abraham Lincoln in 1865; Chester A. 



286 UNITED STATES 

Arthur, upon the death of James A. Garfield in 1881; and 
Theodore Roosevelt, upon the death of William McKinley in 
1901. 

The Vice President should perform the duties of the Pres- 
ident in case of disability, but no Vice President has ever yet 
assumed the duties of a President during the lifetime of his 
disabled associate. Vice President Arthur did not attempt 
the duties of President during the months through which 
President Garfield lingered to his death. 

Congress has the power to provide for the further succes- 
sion to the Presidency in case the office of President and 
that of Vice President both become vacant (L 5 ). It was 
formerly enacted that in such an event the President pro 
tempore of the Senate, and the Speaker of the House of Rep- 
resentatives should succeed to the office in the order named. 
There are several serious objections to this plan, and the law 
enacted by Congress in 1886 fixed a new order of succession 
to the Presidency. Should occasion ever arise demanding it, 
the following members of the Cabinet succeed in the order 
named : Secretary of State, Secretary of the Treasury, Secre- 
tary of War, Attorney- General, Postmaster- General, Secretary 
of the Navy, and the Secretary of the Interior. The office 
of the Secretary of Agriculture and that of the Secretary of 
Commerce and Labor were not created until after this law of 
succession was enacted. This Act applies only to such Cabi- 
net officers as shall have been confirmed by the Senate, and 
are eligible to the Presidency under the Constitution. 

Inauguration. — The day originally set for the inaugura- 
tion of the first President was March 4, 1789, but Washington 
did not take the oath of office until April 30, 1789. Since 
that time every President has been inaugurated on March 4, 
excepting whenever the date has fallen on Sunday. This has 



THE EXECUTIVE POWER 287 

occurred three times, — namely, in 182 1, 1849, an d 1877, in 
which years the inauguration of the President took place on 
the fifth day of March. 

On inauguration day, the Chief Justice of the United States 
administers to the President elect the oath of office, which is 
as follows: "I do solemnly swear (or affirm) that I will 
faithfully execute the office of President of the United States, 
and will, to the best of my ability, preserve, protect, and de- 
fend the Constitution of the United States" (L 7 ). On the 
same day the Vice President is sworn into office in the Senate 
chamber, taking the same oath except that he promises that 
he will faithfully execute the office of Vice President of the 
United States. 

Salary of the President. — The salary of the President of 
the United States was formerly only $25,000, an amount in- 
adequate to the demands made upon the President during his 
official life. At present the salary is $75,000, a sum which is 
very small compared with the amount paid .to the rulers of 
other nations. No increase or decrease can be made in the 
salary of a President during the time for which he is elected. 
Nor can he receive, while President, any gift or emolument 
from the United States or from a State. But the President 
may accept presents from private individuals like any 
other citizen. The salary of the Vice President is $12,000 a 
year (L 6 ). 

The Executive Mansion. — The official residence of the 
President is the Executive Mansion, popularly known as the 
White House. 

Powers and Duties. — The President is Commander in 
chief of the army and navy of the United States, and of the 
militia of the several States when it is called into the actual 
service of the United States. He has also the prerogative of 




288 



THE EXECUTIVE POWER 289 

granting reprieves and pardons for offenses against the United 
States, except in cases of impeachment (M 1 ). 

He can make treaties with foreign powers provided two 
thirds of the Senators present concur in the confirmation of 
the same. Subject to confirmation by the Senate, he appoints 
ambassadors, other public ministers, consuls, and the greater 
Federal officers— such as the heads of the executive depart- 
ments — and judges of the United States Courts. He also ap- 
points all other officers of the United States whose appoint- 
ment is not otherwise provided for by law (M 2 ). A great 
number of subordinate officers, such as certain postmasters 
and revenue officers, are appointed without the participation 
of the Senate. The executive business of the United States 
Government requires the services of over two hundred thou- 
sand persons. The President has the power to fill all vacan- 
cies which occur during the recess of the Senate by granting 
commissions which expire at the end of the next session (M 3 ). 

He may summon either or both houses of Congress in 
extra session; and in case of disagreement between them 
with regard to the time of adjournment, he may adjourn 
them to such time as he may think proper, but not beyond 
the day fixed for the beginning of the next regular session. 
He may require from the members of his Cabinet at any time 
written opinions upon any subject concerning the duties of 
their respective offices. He commissions all officers of the 
United States, and receives ambassadors and other public 
ministers (N). 

The President's Message. — In annual messages to Con- 
gress the President makes reports on the state of public affairs, 
and suggests such legislation as the needs of the country seem 
to him to require. He thus exerts an initiative power in refer- 
ence to laws. Besides these annual messages, the President 

Am. Cit. — 19 



2QO UNITED STATES 

may at any time send to Congress a special message relating 
to matters which require immediate attention (N). 

The President's Veto Power. — The President exercises leg- 
islative functions in which he is practically a distinct branch 
of the legislative power — a third house — but for negative 
purposes only. He signs or vetoes all bills and resolutions 
passed by Congress, except a resolution to adjourn. It has 
been decided also that his consent is not required to a Con- 
stitutional amendment. The President's veto power, as a 
means of guarding the country against unwise legislation, has 
proved to be one of the most valuable features of the Constitu- 
tion. Under ordinary circumstances, this connection of the 
President with the legislative power serves as a delicate 
balancing element of strength to the Nation. The strength of 
Congress consists in its power to pass laws; the strength of the 
President lies in his power to veto them. Yet in moments of 
great public danger, as in the Civil War, the President's power 
becomes immense. A loyal Congress, feeling the need of swift 
and oftentimes secret decisions, practically puts its lawmak- 
ing powers at the disposal of the President. 

QUESTIONS 

Was there any President under the Confederation ? Why ? 

What is the necessity for having an executive department in govern- 
ment ? Show that the framers of the Constitution of the United States 
acted wisely in placing the Executive power in the hands of one person. 
■ Describe the Confederation of 1781. What were the most important 
powers of the Confederation? What were its defects? Why were the 
Articles of Confederation displaced by the present Constitution? 

Have you read the President's recent or last annual message ? 

What must be the qualifications of a President as to residence, citizen- 
ship, and age ? What are the qualifications for the office of Vice Presi- 
dent? 



THE EXECUTIVE POWER 291 

What officer in Pennsylvania corresponds in relative office to the 
Vice President of the United States ? 

What is the greatest duty of the President? What are his consti- 
tutional powers and duties? What are the duties of the Vice Presi- 
dent? 

What defects in the Articles of Confederation made the central govern- 
ment weak? 

What influence has the President upon the action of Congress? What 
has been the general record of our Presidents ? 

Should the President be chosen for a term of six years, and then be 
ineligible for a second term? What Presidents have been chosen for a 
second term ? 

Give an account of a Presidential campaign. What is the duty of a 
Presidential Elector? How many Electoral votes has this State? 

Describe the present method of electing a President. When do Presi- 
dential elections occur? 

What was the purpose of the framers of the Constitution in providing 
that the President should be chosen by Electors rather than by popular 
vote? Has their purpose been realized in this mode of Election? 
Give reasons for your answers. 

How many delegates are chosen from each State to the National Con- 
vention of each great political party? How are the Territories and 
Districts represented? 

Describe the successive steps in the election of a President. Should 
the President be elected by popular vote ? 

State how Presidential Electors are chosen, and how they vote. What 
were the defects in the original method of electing a President? How 
many Presidential Electors in the Electoral College of Pennsylvania? 
Where did the Electors of this State meet? 

When may the House of Representatives elect a President? When 
may the Senate elect a Vice President? 

Show how a minority of the people may elect a President. Name the 
Minority Presidents. Discuss the topic ''Minority Presidents." 

In what respect is the solidity of the Electoral Colleges of the several 
States a safeguard? 

What dangers have arisen during the Presidential contests? What 
was the Electoral Commission? How was the Hayes-Tilden contest 
decided ? 



292 UNITED STATES 

In case the President and Vice President should both die or be re- 
moved, how would the Presidency be filled ? 

What reasons can you give for not allowing the Vice President to pre- 
side at an impeachment trial when the President is accused? 

Can the President have his salary increased? 

What is the salary of the President? What name is given to his offi- 
cial residence? 

Discuss the inauguration of the President. W T hen does it occur? 

What power has the Senate in reference to treaties and Presidential 
appointments? Is this a legislative function? 

Discuss the powers and duties of the President of the United States. 
By whom are the Governors of Territories appointed ? 

To what extent has the President the power of appointment? The 
power of removal ? 

What share does the President take in the making of the laws? 

What is the purpose of the President's message ? 

Is the pardoning power a judicial or an executive function ? Is the veto 
power of the President an executive or a legislative function ? 

Which Presidents have been elected by the House of Representatives? 
Has a Vice President ever been chosen by the Senate? 

What is the smallest number of Senators that could elect a Vice Presi- 
dent? 

Who is now President? Who is Vice President? 

How is a vacancy in the office of Vice President filled ? Does the 
Vice President take an "oath of office" ? 

President Grant was reelected in November, 1872, and his new term 
began March 4, 1873. Meanwhile the salary of the President was in- 
creased to $50,000. Did President Grant get the increase? Why? 



CHAPTER XXIX 
THE CABINET: EXECUTIVE DEPARTMENTS 

The Cabinet Officers. — The executive business of the Gov- 
ernment cannot be performed by the President alone; hence 
to aid him in the discharge of his duties, he appoints a 
" Cabinet" by and with the consent of the Senate. There are 
nine Cabinet officers, each in charge of a special department of 
the executive business. They are the private counselors or 
advisers of the President, and each is directly responsible to 
him for the management of a department. The members of 
the Cabinet are: 

i. Secretary of State. 

2. Secretary of the Treasury. 

3. Secretary of War. 

4. Attorney-General. 

5. Postmaster-General. 

6. Secretary of the Navy. 

7. Secretary of the Interior. 

8. Secretary of Agriculture. 

9. Secretary of Commerce and Labor. 

As a body the Cabinet has no legal existence. The meet- 
ings are held in the Executive Mansion, but no record of 
the proceedings is kept, and the President is not bound to 
follow the advice of the members. The individual mem- 
bers, as heads of executive departments, may also disregard 
the advice of the Cabinet and assume the responsibility of 
action. 

2 93 



294 UNITED STATES 

The President and his Cabinet are sometimes known as 
the "Administration," a word also applied politically to the 
President's term of office. 

The Secretary of State. — The first in rank among the 
Cabinet officers is the Secretary of State. He is our minister 
of foreign affairs, that is, he has charge of all business between 
our own and other governments. He is the only officer au- 
thorized to communicate with other governments in the name 
of the President. He is the official head of the diplomatic and 
consular service, negotiates treaties, and issues instructions to 
our ambassadors and ministers abroad. The Secretary of 
State is the keeper of the Great Seal of the United States; in 
his department all civil commissions are made out, recorded, 
and sealed. He keeps the National archives, and superin- 
tends the publication of laws, treaties, and proclamations. 

There are three Assistant Secretaries of State. The bureaus 
are: the Diplomatic Bureau; the Consular Bureau; Bureau 
of Rolls and Library; of Trade Relations; of Accounts; of 
Appointments; of Indexes and Archives; and of Citizenship. 

The Secretary of the Treasury. — The Cabinet officer who 
conducts the finances of the Nation is the Secretary of the 
Treasury. His department attends to the collection of the 
revenue, issues warrants for the payment of money from 
the Treasury, audits accounts of all the other departments of 
the Government, and supervises the coinage of money and the 
printing of currency. It regulates the National banks, the 
customhouses, the life-saving service, and the marine hospi- 
tals. The National Board of Health is also under its control. 
In the Treasury Department there are three Assistant Secre- 
taries; six Auditors; the Treasurer of the United States, who 
receives and pays out all public money; the Register, who 
keeps all accounts of receipts and expenditures, issues all 




295 



296 UNITED STATES 

bonds of the United States, and whose name with that of the 
Treasurer is printed on all paper money; the Comptroller 
of the Currency, who supervises the National banks; the 
Commissioner of Internal Revenue; two Solicitors; a Comp- 
troller of the Treasury; the Director of the Mint; and many 
other officers in charge of various branches of the enormous 
business. The department has charge of the building of post 
offices, customhouses, and other government buildings. No 
man directly interested in trade or commerce can be ap- 
pointed Secretary of the Treasury. 

The Secretary of War. — The Secretary of War has charge 
of all business relating to the military affairs of the Govern- 
ment. The department is divided into ten bureaus, each 
having charge of an important part of the work. Among the 
duties to which the officers attend are: the paying of troops; 
the securing of army supplies; the erection of forts; the im- 
provement of rivers and harbors; and the publication of the 
official records. Many explorations have been made under 
the auspices of the department. The government of the 
Philippines is now under its supervision. Each bureau in the 
department is in charge of an army officer of high rank. The 
Adjutant General issues the President's orders, conducts the 
military correspondence, issues military commissions, and 
keeps the record of the army. The Judge-Advocate-General 
reviews the findings of courts-martial, and is the legal adviser 
of the Secretary of War, who generally is not a soldier. 
Needed improvements in the management of the army and 
in the defenses of the country are recommended by the Gen- 
eral Staff. This is composed of some of the ablest officers in 
the army, ranking from captains to Major Generals, the 
member of highest rank being Chief of Staff. The ranking 
general officer of the Line is now Lieutenant General (retired) . 



THE EXECUTIVE DEPARTMENTS 297 

The Military Academy at West Point is under the charge 
of the War Department. Each Senator, Representative, 
and Territorial delegate has the right to appoint one cadet to 
the- Academy. The President appoints one for the District 
of Columbia, and also forty at large. Thus, in ordinary 
times, the commissioned officers of the army are supplied, 
graduates of the Academy receiving commissions as second 
lieutenants in the army. The course covers four years of 
rigid study and drill, and all necessary expenses are paid by 
the Government. Candidates for appointment and entrance 
must be physically sound, possess good educational qualifica- 
tions, and be between seventeen and twenty- two years of age. 
The pay of a cadet is $609.50 per year. 

The Attorney-General. — This officer is the legal adviser 
of the President, and represents the United States in all suits 
at law in which the United States is a party. He gives his 
opinions on questions of law whenever requested to do so by 
the heads of departments. He is himself the official head of 
the Department of Justice. The Solicitor-General is his 
chief assistant, and seven Assistant Attorneys-General defend 
or prosecute suits in which the Government of the United 
States is interested. 

The Postmaster-General. — This officer is the head of the 
Post Office Department. He awards all postal contracts, 
establishes and discontinues post offices, regulates mail 
routes, the issue of stamps, the receipt of the revenue of the 
offices, and has general charge of the postal affairs of the 
Nation. He appoints all postmasters whose salaries do not 
exceed one thousand dollars a year. Postmasters who re- 
ceive more than this amount are appointed by the President 
with the advice and consent of the Senate. The principal 
subordinate officers of the department are the First, Second, 



298 UNITED STATES 

Third, and Fourth Assistant Postmasters-General. The First 
Assistant Postmaster-General has, broadly, the administra- 
tion of all matters relating to appointments and salaries of 
postmasters and other persons in the postal service; and di- 
rects the operations of the city free delivery systems. The 
Second Assistant Postmaster-General has charge of the trans- 
portation of mails by railway in the United States, and of the 
foreign mail service. Questions relating to railway adjust- 
ment and contracts come under his supervision. The Third 
Assistant Postmaster-General has charge of the collection 
and paying out of money, the supplying of stamps and postal 
cards, the care of registered mail, and attends to the money- 
order, classification, and redemption departments or divi- 
sions. The Fourth Assistant Postmaster-General has charge 
of matters relating to the rural free delivery, the dead-letter 
office, and general supplies. The topography division, re- 
lating to post-route maps, is under his charge. 

The Postmaster-General retains for his personal adminis- 
tration, besides the general matters of policy, the inspecting 
system of the department, that is, the division of Post Office 
Inspectors. He determines appeals from the action of the 
several Assistant Postmasters- General. He submits to the 
President the cases relating to Presidential appointments, 
and issues all orders requiring the formal approval of the 
Postmaster-General of the United States. 

Postmasters are paid according to the amount of business 
done at their post offices. There are four classes of post- 
masters and post offices, graded according to the salary re- 
ceived. If a postmaster's salary is less than one thousand 
dollars, he is a postmaster of the fourth class, and his office 
is a fourth-class post office. The amount of his salary de- 
pends upon the box rents and the value of the stamps can- 



THE EXECUTIVE DEPARTMENTS 299 

celed at his office. A salary of over one thousand dollars and 
less than two thousand dollars, estimated on the gross re- 
ceipts at his office, ranks a postmaster as third-class. When 
the salary, similarly estimated, is between two and three 
thousand dollars, the postmaster and his office are second- 
class; while a salary of three thousand or over, puts the post- 
master and his office in the first class. The salaries of post- 
masters of the first three classes are ascertained and fixed 
from their quarterly returns to the Auditor of the Post Office 
Department. First-class and second-class postmasters are 
not allowed commissions on the money-order business. 

The total number of post offices in the United States is 
now more than 60,000. There are about one hundred fifty 
thousand persons employed by the department, — one half of 
the whole number of persons in the Civil Service of the United 
States. The total expenditures of the department were 
$190,238,288 in 1907, the receipts being about $6,653,000 
less. The business of the Post Office Department extends 
over the entire country; and, through the Universal Postal 
Union, the foreign mail service has become very great and 
efficient. 

The Secretary of the Navy. — This officer executes the 
orders of the President relating to the naval establishment 
of the United States. The department is divided into eight 
bureaus, each in charge of an officer of the United States 
Navy. The work of the department is shown in the names of 
these bureaus: Bureau of Yards and Docks; of Equipment; 
of Navigation; of Ordnance; of Construction and Repair; of 
Steam Engineering; of Supplies and Accounts; and of Medi- 
cine and Surgery. This department has charge of the Naval 
Observatory at Washington, and publishes the Nautical Al- 
manac. Admiral George Dewey is now President of the Gen- 



300 UNITED STATES 

eral Naval Board. The school for the education of naval 
officers is the Naval Academy at Annapolis, and is under this 
department. The course of study covers six years, two of 
which are spent at sea. Candidates for appointment as mid- 
shipmen must be between sixteen and twenty years of age, 
physically sound, and must pass examination in the elemen- 
tary branches and in certain higher studies. Expenses are 
borne by the Government, and graduates are commissioned 
as ensigns in the navy. Each Senator, Representative, and 
Delegate appoints two midshipmen to the Academy. The 
President appoints thirty at large, and two for the District 
of Columbia. Midshipmen receive $500 per annum. 

The Secretary of the Interior. — The Department of the 
Interior has charge of a vast business of great interest to the 
public. It deals with all questions relating to public lands, 
Indian affairs, pensions, patents, education, and various other 
interests pertaining to the general welfare of the country. 
There are two Assistant Secretaries of the Interior. The chief 
officers of the first five bureaus are called Commissioners. 
The Commissioner of Pensions has charge of the granting of 
pensions, with an annual disbursement of $153,000,000 to 
about 950,000 pensioners. 

The Commissioner of Education has charge of the general 
educational affairs of the nation. His duties, in the main, 
consist in the collection of such statistics and facts as shall 
show the condition and progress of education in the several 
States and Territories; to diffuse such information respecting 
the organization and management of schools and school 
systems, and methods of teaching, as shall aid the people of 
the United States in the establishment and maintenance of 
efficient school systems; and otherwise to promote the cause 
of education throughout the country. 



THE EXECUTIVE DEPARTMENTS 301 

The Geological Survey forms a very important branch of 
this department. Its work pertains to the scientific surveys 
of the United States, the conduct of irrigation operations, 
and kindred matters, and is in charge of a Director. 

The Secretary of Agriculture. — The Department of Agri- 
culture collects and publishes useful information on this 
subject. The farmer may learn from this department how 
to protect his grain and fruit from destructive insects. He 
may also learn the cause and cure of the diseases which affect 
his domestic animals. The department furnishes information 
about soils, fertilizers, climate, seeds, and methods of cul- 
tivation. The Weather Bureau forms an important branch 
of this department. Notice of approaching storms is sent 
throughout the country, that vessels about to leave port may 
receive timely warning, and thus the risk of the destruction of 
life and property be avoided. Other important bureaus are: 
the Bureau of Animal Industry; of Plant Industry; of Soils; 
of Forestry; of Chemistry; of Entomology; and of Biologi- 
cal Survey. The Director of Experiment Stations is an as- 
sistant in this department. 

The Secretary of Commerce and Labor. — The Depart- 
ment of Commerce and Labor, organized in 1903, has for its 
function the promotion of the interests of American commerce, 
manufactures, mining, fisheries, and labor. The regulation 
of immigration, the work of the United States census, and the 
supervision of the coast survey belong to this department. 
The Census Bureau has recently been established as a per- 
manent branch of the public service. The Constitution pro- 
vides that the census shall be taken every ten years (C 3 ). 
Another very important bureau in this department is the 
Bureau of Corporations. This investigates all corporations 
engaged in interstate or foreign commerce; except railroads 



302 UNITED STATES 

and steamship lines which transact such business under the 
supervision of the Interstate Commerce Commission. Other 
important bureaus are the Bureau of Standards, the Bureau 
of Statistics, the Bureau of Fisheries, the Bureau of Manu- 
factures, the Bureau of Labor, and the Bureau of Immigra- 
tion and Naturalization. Important officers are the Com- 
missioner of Labor, the Commissioner of Fisheries, the 
Commissioner-General of Immigration, and the Superin- 
tendent of the Coast and Geodetic Survey. The Lighthouse 
Board has charge of the construction and maintenance of 
lighthouses, beacons, and fog signals for the protection of ves- 
sels on our coasts. 

Ambassadors, Ministers, and Consuls. — The diplomatic 
and consular service has for its duty the representation of the 
interests of the United States in foreign countries. In order 
to carry out the foreign policy of the President, to facilitate 
communication, to aid in negotiating treaties, and to protect 
the interests of American citizens abroad, the diplomatic serv- 
ice has been instituted. These officials represent our Govern- 
ment in a political capacity. They are principally of two 
grades, ambassadors and ministers. 

An ambassador is a diplomatic agent of the highest rank. 
Diplomatic etiquette requires that the great powers send to 
us the same grade of minister that we send to them. The 
United States now sends ambassadors to ten countries: Great 
Britain, France, Germany, Italy, Russia, Austria, Mexico, 
Brazil, Japan, and Turkey. The salary received by ambas- 
sadors is $17,500. The social demands upon them are very 
great, and their expenses are often greater than their salaries. 

A minister is a diplomatic agent of the United States 
charged with the same duties as an ambassador, but accred- 
ited to a country of less importance. 



THE EXECUTIVE DEPARTMENTS 303 

An ambassador represents the person of the ruler of the 
country from which he comes; a minister represents the 
government from which he comes, but not the personality 
of the executive. In the days when ministers were the high- 
est representatives of the United States abroad, these offi- 
cials were often kept waiting for audience under the rules of 
precedence in favor of ambassadors, applied in the case of 
the ambassador of some petty kingdom. 

Ministers and ambassadors reside in the capitals of the 
countries to which they are sent. There are about forty 
officials of these higher grades in the diplomatic service at 
present. The charge d'affaires is a minister of an inferior 
grade accredited by the Secretary of State to the minister 
of foreign affairs of the country to which the agent is sent. 
The term is also applied to an official in charge until the 
accredited minister has assumed his duties. 

The consular service has charge of our commercial inter- 
ests abroad, and has nothing to do with diplomacy or poli- 
tics. The United States Government has consuls resident 
in all important foreign seaports. The duties of consuls are 
very numerous. They exercise protective care over American 
seamen and shipping, and perform various important duties 
for Americans abroad. They administer oaths, take testi- 
mony, examine invoices of the cargoes of ships, and set forth 
the number and the condition of the seamen. They send to 
the State Department monthly reports concerning matters 
of commercial interest occurring at their stations. 

Ambassadors and ministers are sent to countries, while 
consuls are sent only to cities. None of the officials of the 
diplomatic and consular service have a fixed term of office. 
It seldom lasts longer than four years, although it does not 
necessarily change with the administration. 



304 UNITED STATES 

The consular sendee has recently been much improved 
through a system of promoting efficient officers from one 
post to another. 

The Civil Service Commission. — Whenever a change takes 
place in the political character of the Administration, changes 
also occur in the ranks of the officeholders. Political parties 
have long acted upon the principle, "To the victors belong 
the spoils." The appointive offices have been used as bribes 
and rewards for partisan purposes. To correct this wasteful 
and demoralizing "spoils system," Congress has passed an 
Act enabling the President to appoint three Commissioners, 
only two of whom may be of the same party, to carry out the 
further provisions of the Civil Service of the United States. 
This Commission provides examinations whereby the fitness 
of applicants for public service is tested. In many of the 
departments the applicants for positions are required to pass 
these examinations, and appointments are made from those 
found qualified. In this way adherence to a political party 
has not much weight, and the public service is purified and 
vastly improved. In 1909, out of 352,000 persons in the Civil 
Service, 206,637 were classified or subject to examination; 
7,000 were subject to confirmation by the Senate, and 55,000 
were country postmasters and clerks. 

The Interstate Commerce Commission. — Among the pow- 
ers delegated by the States to Congress was that to regulate 
commerce between the States. Under this authority Con- 
gress has assumed wide powers, and has assigned the ex- 
ercise of many of these powers relating to the carrying of per- 
sons and commodities to a Commission consisting of seven 
members. The breadth of its functions may under future 
development make it equivalent to an executive department. 
It is the duty of the Commissioners to investigate matters 



THE EXECUTIVE DEPARTMENTS 305 

concerning violations of the Interstate Commerce laws: such 
as the regulations preventing unjust discrimination in freight, 
express, and passenger rates; prohibiting the pooling of earn- 
ings or business; and requiring that locomotives and cars 
should be equipped with air brakes, uniform and automatic 
couplers, and safety appliances for the protection of train- 
men from accident. Persons or corporations engaged in the 
transportation of oil are included under the provisions of 
the Act of 1906, which greatly increased the powers granted 
by the law of 1887 under which the Commission was created. 
The issuance of free transportation is restricted to employees 
and their families. The Commission has the power to fix 
a reasonable and just maximum rate, which shall remain in 
effect two years unless changed by the Commission or set 
aside by the courts as beyond the powers conferred. En- 
forcement of orders may be by injunction or by other man- 
datory order. Appeals may be taken to the Supreme Court 
of the United States. Contracts between common carriers 
must be filed with the Commission, and all rebates and dis- 
criminations are absolutely prohibited. Persons offering or 
accepting rebates may be heavily fined, and imprisoned not 
more than two years. Copies of all tariffs established must 
be kept open for public inspection. 

The salary of each member of the Commission is $10,000, 
and the term of office is seven years. Not more than four 
Commissioners can be appointed from any one political 
party. No person holding an official relation to a common 
carrier can be appointed. The chairman of the Commission 
has certain relations with the arbitration of difficulties be- 
tween common carriers and their employees. 

The Tariff Commission. — The Tariff Law (1909) provides 
for a Tariff Commission which is likely to exercise a great 

Am. Cit. — 20 



306 UNITED STATES 

influence upon future action and opinion concerning the 
tariff and related matters. The President is authorized to 
appoint a Board of Experts which is in effect a Commission 
to investigate any or all of the phases of our foreign com- 
merce, and the relations to it and the effect upon it of both 
foreign and American tariffs. Under such action the chances 
of securing equitably arranged duties will be greatly increased. 
The Librarian of Congress. — The Librarian of Congress 
is an independent officer, and reports directly to Congress. 
He has charge of the Congressional Library, which has over 
1,500,000 volumes and pamphlets and receives valuable addi- 
tions yearly. The Librarian has duties in regard to copy- 
rights; and the law requires the delivery of two complete 
copies of the best edition of every copyrighted book to the 
Congressional Library promptly after its publication. The 
Library Building near the Capitol is the finest of its kind in 
the world. The collection is now the largest in the Western 
Hemisphere, and the third in size in the world. This library 
is very rich in history, political science, official documents — 
National, State, and foreign — and in important files of news- 
papers, and original manuscripts, dealing with the colonial, 
Revolutionary, and formative periods of American history. 
Many of the rare books and manuscripts are exhibited in show 
cases on the second floor of the Library Building. The 
Smithsonian collection is strong in scientific works, and in- 
cludes the largest assemblage of the transactions of learned 
societies which exists in this country. The Library is sup- 
ported by annual appropriations by Congress for various pur- 
poses, including the purchase of books. It is used primarily 
and essentially as a reference library, not as a lending library. 
Certain persons are entitled through statute law to draw 
books for home use. Among these are the President, Vice 




3°7 



308 UNITED STATES 

President, Senators, Representatives, members of the Cab- 
inet, Justices and Judges of the Federal Courts, Secretary of 
the Senate, Clerk of the House, Chaplains of the Houses, ex- 
Presidents of the United States, representatives at Washing- 
ton of foreign governments, and a few others. The Library 
Building is open to the public all days of the year, excepting 
legal holidays. 

Some Executive Functions: Division of Executive Power. 
— Within recent years executive functions have been given 
to bodies largely or even entirely independent of the various 
departments. The Interstate Commerce Commission, the 
Civil Service Commission, and the Library of Congress al- 
ready noticed are cases in point. To these may be added the 
Government Printing Office, the Smithsonian Institution, 
the National Museum, the Bureau of Ethnology, the Bureau 
of American Republics, and the Isthmian Canal Commission. 
The names applied to many of the officials are often mis- 
leading as to their importance. The growth of the country 
has brought about the necessity for greater and still greater 
division of the Executive power. For forty-six years after 
1789, the work of the Bureau of Patents was in charge of 
the President and his Cabinet, who could not properly organ- 
ize the business on account of the press of their other duties. 

The operations of the Executive Department of the Fed- 
eral Government affect the welfare of nearly a hundred mil- 
lions of people, and involve the annual expenditure of over 
half a billion of dollars. Responsibility for the efficient work- 
ing of the great executive force rests on the President, but 
there must also be a division of labor. Washington began 
his administration with three members of the Cabinet: a 
Secretary of State, a Secretary of the Treasury, and a Secre- 
tary of War. As the work of government has grown, new 



THE EXECUTIVE DEPARTMENTS 309 

executive departments have been formed and the number of 
Cabinet officers increased. 



QUESTIONS 

Name the officers who form the Cabinet. Name the present members 
of the Cabinet. 

Give a brief statement of the work and organization of each of the 
great Federal executive departments. 

To which of the executive departments would you take a request for a 
passport in foreign countries ? a claim for pension ? an application for a 
patent ? an application for a copyright ? an application for admission to 
the Academy at West Point? 

What are consuls? What are their duties? 

What is the object of a census? Of what value is it to the country? 
How are the results secured? 

What is the "spoils system"? 

What is the policy of the Government as to the appointment and re- 
tention of employees ? 

Mention some examples of executive business not under departmental 
control. 

Is rotation in office conducive to the most desirable results in a re- 
publican form of government ? 

If you wanted to trade with the Indians, to whom would you make 
application for permission ? 

Where does the State Department touch upon the commercial interests 
of the country ? 



CHAPTER XXX 

THE JUDICIAL POWER 

A Principal Feature. — The establishment of the Federal 
Judiciary is one of the strongest and most important features 
of the Constitution of the United States, and no part of the 
government has contributed more to the peace and well-being 
of the country. " One of the vital defects of the old Confedera- 
tion," says Judge Story, "was the lack of a Federal Judi- 
ciary." Were the government obliged to depend upon the 
State courts for the enforcement of the laws of the United 
States, great inconvenience would arise. Any government 
that has a legislative body and an executive, must also have a 
judiciary to interpret and apply the laws. Hamilton, in ex- 
pounding the Constitution, says: "The laws would be a dead 
letter without courts to enforce and apply them." 

It was not the intention of the founders of the Republic 
that there should be any coalition of two coordinate and in- 
dependent departments of the Government. Hamilton said in 
The Federalist: "The general liberty of the people can never 
be endangered from that quarter; I mean so long as the judi- 
ciary remains truly distinct from both the legislature and the 
executive. For I agree that ' there is no liberty if the power of 
judging be not separated from the legislative and executive 
powers.' And it proves, in the last place, that as liberty can 
have nothing to fear from the judiciary alone, but would have 
everything to fear from its union with either of the other de- 

310 



THE JUDICIAL POWER 311 

partments; that, as all the effects of such a union must ensue 
from a dependence of the former on the latter, notwithstand- 
ing a nominal and apparent separation; that as, from the 
natural feebleness of the judiciary, it is in continual jeopardy 
of being overpowered, awed, or influenced by its coordinate 
branches; and that, as nothing can contribute so much to its 
firmness and independence as permanency in office, this 
quality may therefore.be justly regarded as an indispensable 
ingredient in its constitution, and, in a great measure, as the 
citadel of the public justice and the public security." 

Organization. — The Judicial power is vested in a Supreme 
Court, and in such inferior courts as Congress may ordain and 
establish (P). The United States Courts, as created by the 
Constitution and perfected by the statutes of Congress, may 
be divided into four classes: The Supreme Court, which sits 
at Washington; the Circuit Courts of Appeals; the Circuit 
Courts; and the District Courts (I 9 ). 

Jurisdiction. — The general jurisdiction of the United States 
Courts covers the following classes of cases : All cases in law 
and equity arising under the Constitution, laws, or treaties of 
the United States, or out of conflicting grants of different 
States; all admiralty and maritime cases; all cases affecting 
ambassadors, other public ministers, and consuls; contro- 
versies in which the United States is a party; cases between 
two or more States; cases between a State and citizens of an- 
other State; cases between citizens of different States; and 
cases between a State, or citizens thereof, and foreign states, 
citizens, or subjects (Q 1 ). 

All other cases are left to the State courts, from which there 
is no appeal to the Federal Courts, except in certain specified 
cases. 

The division of jurisdiction between the Supreme Court 



312 UNITED STATES 

of the United States and the inferior Federal Courts is deter- 
mined principally by the size and importance of the cases. 

Tenure of Office. — All judges of the United States Courts 
are appointed by the President, with the advice and consent 
of the Senate, and hold office during life or good behavior. 
Judges may be impeached, and if found guilty, removed from 
office. They may retire upon a pension, at the age of seventy 
or over, after having served continuously for ten years. 

The Supreme Court. — The Supreme Court consists of a 
Chief Justice and eight Associate Justices. It holds annual 
sessions in the city of Washington, beginning on the second 
Monday of October. The sessions are held in the Capitol, in 
the chamber formerly occupied by the Senate. A quorum 
consists of any six Justices of the court, and a decision of a 
quorum is a decision of the court. The Justices wear black 
gowns in court, and are almost the only public officers in the 
United States making use of an official dress. The salary of 
the Chief Justice is $13,000; and each of the Associate Jus- 
tices receives $12,500. 

The Supreme Court of the United States is the most origi- 
nal of all American institutions, and is the greatest judicial 
power ever constituted by any nation. It stands at the head 
of all known tribunals, both by the nature of its rights, and the 
character of the parties which come under its control. The 
Supreme Court summons mighty States to its bar. When the 
clerk advances to the steps of the tribunal, and simply says : 
"The State of New York versus the State of Pennsylvania," 
it is impossible not to feel that the court which he addresses 
is no ordinary body. The power of the Supreme Court is 
enormous, but it is clothed in the authority of public opinion. 
The court is the guardian of a people who respect the law. 
It has excited the admiration of the world, not only because 




3^3 



314 UNITED STATES 

it is the defender of the Constitution, but because of the ability 
and integrity of its judges. It has shown a strong disposition 
to perform its duties and render its opinions in accordance 
with the true meaning of the Constitution, and thus to be 
strictly representative of the people. 

In all cases where a State or a foreign minister is a party 
the Supreme Court has original jurisdiction, while in all other 
cases it has appellate jurisdiction only. Any case which in- 
volves the Constitution of the United States can be taken to the 
Supreme Court, however small the amount in dispute (Q 2 ). 

When the President of the United States is impeached, the 
Chief Justice presides at the trial by the Senate (D 6 ). 

Circuit Courts. — The United States, exclusive of the Terri- 
tories, is divided into nine circuits, each consisting of three 
or more States. The first circuit contains four States, the 
second three, the third three, the fourth five, and so on. Each 
of the nine Justices of the Supreme Court is presiding judge 
of a Circuit Court. In each circuit the presiding Justice is 
assisted by circuit judges. Five of the circuits have three 
judges each; but the fourth circuit has only two. The sec- 
ond, seventh, and eighth circuits have four each. The third 
circuit, consisting of Pennsylvania, New Jersey, and Dela- 
ware, has three judges. These judges of the Circuit Courts 
act quite independently of the justice, often holding court in 
one part of the circuit while the justice is holding a court in 
another part. There are at present twenty-nine judges of the 
Circuit Courts of the United States. The salary of a circuit 
judge is $7,000. In practice it is rare that a member of the 
Supreme Court sits as a circuit judge. 

The Circuit Courts have only original jurisdiction. It in- 
cludes all civil cases involving Federal law where the amount 
involved is at least $2,000; also cases concerning patents, 



THE JUDICIAL POWER 315 

copyrights, or internal revenue ; cases brought by the United 
States against National banks; and cases where the rights of 
citizens are asserted against State laws. 

Circuit Courts of Appeals. — The judges of each circuit 
and the Justice of the Supreme Court for the circuit con- 
stitute a Circuit Court of Appeals. As its name implies, its 
jurisdiction is appellate only. Its decisions are final in all 
cases which arise on account of the citizenship of the parties, 
and also in many cases under the patent, revenue, admiralty, 
and criminal laws; and in all other cases involving not more 
than $1,000. Cases that involve the meaning of the Con- 
stitution or the constitutionality of a law, and also criminal 
cases which carry the penalty of death may be appealed di- 
rectly from the District or Circuit Courts to the Supreme 
Court. The Circuit Courts of Appeals were established by 
Congress in 1891 expressly for the purpose of relieving the 
Supreme Court of a part of its business. The Court of Ap- 
peals of the third circuit is held in Philadelphia. 

District Courts. — The nine circuits are divided into judicial 
districts, and in each of these there is a special district judge. 
Districts never cross State lines. Sometimes a State consti- 
tutes one district, but a populous State may be divided into two 
or three districts. Pennsylvania has three United States Dis- 
trict Courts. The sessions of the Eastern district are held in 
Philadelphia; of the Middle district, in Harrisburg, Williams- 
port, and Scranton; of the Western district in Pittsburg and 
Erie. The number of districts in the United States at present 
is eighty, presided over by eighty-nine judges. District 
Courts deal with the more common civil cases arising under 
United States law, and such crimes against the country as 
counterfeiting, robbing the mails, etc. District judges are not 
confined to their own districts, but occasionally exchange. 



316 UNITED STATES 

A district judge may, when it facilitates the business, sit as 
a circuit judge. In the trial of crimes against the laws of 
the United States, the jurisdiction of the District and the 
Circuit Courts is concurrent except in capital cases, in which 
the Circuit Courts have exclusive jurisdiction. The salary 
of a district judge is $6,000. 

The District Attorney and the Marshal. — Nearly every 
district has its own Federal district attorney, and a United 
States marshal, both appointed by the President. The former 
is the public prosecutor in behalf of the United States. The 
marshal is the ministerial officer of the Circuit and District 
Courts. He is, in fact, the Federal sheriff; and is entitled to 
call on all good citizens for help, should any occasion for it 
arise. 

The Court of Claims. — The Court of Claims consists of 
five judges appointed by the President, and has jurisdiction 
over certain classes of claims made against the United States. 
If judgment is given against the government, Congress ap- 
propriates money for the settlement of the claim. The court 
holds its sessions in Washington, D. C. 

Customs Court of Appeals. — The Tariff Act of 1909 
created a Customs Court of Appeals having authority in all 
cases regarding the collection of customs duties, with no ap- 
peal except on questions of constitutionality. The court 
consists of a presiding judge and four associate judges, all 
appointed by the President. The salary is placed at $10,000 
each per annum. A Deputy Assistant Attorney- General is 
attached to this court. Together with one of the Assistant 
Attorneys-General and four attorneys appointed as aids, he 
represents the Government in all matters of reappraisement 
and classification of imported goods, and of all incident 
litigation. Great difficulty has heretofore been experienced 



THE JUDICIAL POWER 317 

in obtaining in the Federal Courts consistent decisions in 
the trial of cases of protested duties. Cotton cloth of a cer- 
tain quality paid duties varying from twenty-four cents to 
twelve cents per square yard under consecutive judicial 
interpretations of the same tariff laws. That such varying 
duties in different years should be levied is injurious alike 
to the importer, the manufacturer, and the consumer. The 
Customs Court, in connection with the Tariff Commission, 
will do much to remove such unjust variation. 

Court of the District of Columbia: Territorial Courts. — 
The Courts of the District of Columbia and of the Territories 
are courts of the United States which bear the character of 
State courts and Federal courts united. The judges of these 
courts do not come within the constitutional provisions in 
regard to tenure of office. Congress, however, has provided 
that the judges of the Court of the District of Columbia shall 
hold office during good behavior as do the other judges of the 
Federal system. But the term of office of a Territorial judge 
is fixed at four years. 

The Supreme Court of the District of Columbia deals with 
the civil and criminal cases within the District. There are 
six judges on the bench of this court; and any one of these 
may hold a court with powers similar to those of district 
judges in the States. The Court of Appeals of the District 
of Columbia consists of three judges. Their court has 
powers similar to those of the Circuit Courts of Appeals. 

The Territorial Courts are organized in a manner similar to 
that of the Supreme Court of the District of Columbia, but 
the number of judges is smaller. All of these judges are 
appointed by the President, by and with the consent of the 
Senate. 

Consular Courts. — In certain foreign countries, United 



318 UNITED STATES 

States consuls exercise judicial functions in settling disputes 
in which Americans are interested. This procedure is founded 
upon the assumption that in the country in which the consul 
is located, the laws are so imperfectly administered that the 
lives and property of American citizens could not safely be 
left to depend upon them. According to some treaties with 
civilized nations United States consuls have jurisdiction over 
disputes between masters, officers, and crews of National 
vessels, while in a foreign port, on questions of wages, ship- 
ment, and discharge of seamen. 

Courts-martial. — All cases arising in the military and 
naval service are tried in special courts called courts-martial. 
The militia, also, in time of war and public danger fall under 
the same rule. Such court has no jurisdiction over any citi- 
zen not employed in the military or naval service. 

The court consists of a number of army or navy officers ap- 
pointed to try the case; the officers being selected from that 
branch of the service which is concerned in the matter. The 
rule in regard to an indictment by a grand jury has no applica- 
tion in cases of court-martial. 

Jury Trial: Place. — Trial by jury has been for centuries 
one of the most jealously guarded rights of the people. The 
Constitution expressly states that the trial of all crimes, ex- 
cept in cases of impeachment, shall be by jury (Q 3 ). The ac- 
cused person must be tried in the district where the crime was 
committed. This secures justice to the accused person, since 
he is tried among his friends and acquaintances and near the 
residence of his witnesses. These may readily attend the 
trial, so that he shall not be deprived of the testimony of any 
important witness. 

Treason Defined. — Treason is a crime which is usually 
placed in a class by itself. Treason is an act committed by the 



THE JUDICIAL POWER 319 

citizen, in violation of the allegiance which binds him to the 
state. Other crimes assail the property or person of an indi- 
vidual, or a single public interest; but treason assails the state 
itself, and seeks to overthrow the government. The Constitu- 
tion defines treason as consisting only in levying war against 
the United States, or adhering to its enemies, giving them 
aid and comfort. For the conviction of a person accused of 
treason there is required the testimony of at least two witnesses 
to the same overt act, or a confession in open court (R 1 ). 
Congress has the power to make laws determining the pun- 
ishment to be imposed for the crime of treason (R 2 ). But 
the person who commits the treason must alone be punished ; 
the relatives suffer no punishment, nor can their property be 
taken from them. The English common law made the sen- 
tence of death for treason affect the blood of the traitor. He 
could not transmit property to his heirs, and his estate was for- 
feited. Congress has passed a law that no conviction or 
judgment shall work corruption of blood, or any forfeiture of 
estate. There is therefore no forfeiture, even during the life 
of the person attainted. 



QUESTIONS 

Give a sketch of the organization of the Federal judiciary. 

Wherein is the Federal Supreme Court the most original of American 
institutions? 

How is the independence of the Federal Judiciary secured ? Why is 
such independence important? 

Explain the Judiciary system. Name the four grades of Federal 
Courts, and tell what judges sit in these courts. 

Enumerate the kinds of cases which are tried in Federal Courts. 

How are disputes between the State and Federal governments settled? 

What is meant by the term jurisdiction? By original jurisdiction? 



320 UNITED STATES 

By concurrent jurisdiction? How is the jurisdiction of the Federal 
Courts determined? 

When and where does the Supreme Court of the United States meet ? 
Where does the Supreme Court of the State meet ? 

What is the tenure of office of judges of the United States Courts? 

What other officers besides the judges are connected with the United 
States Courts ? What are their duties ? How are they chosen ? 

In what cases has the District Court jurisdiction ? The Circuit Court ? 
The Supreme Court? 

In what relation does the Supreme Court stand to the people ? 

In which circuit of the Federal Circuit Courts do you reside? Where 
does the Federal Circuit Court for this State meet? 

What is the function of the Circuit Court of Appeals? What is the 
nature of its jurisdiction? Where are the sessions of this court for the 
third circuit held ? 

Describe the function and jurisdiction of the Federal District Courts. 
How many districts in this State? How many districts in the United 
States? 

How many judges are there in the Federal District Courts of the 
United States ? Where are the sessions of these courts held in Pennsyl- 
vania? What is the nature of their jurisdiction? 

Discuss the courts of the District of Columbia, and the Territorial 
courts. 

What is the function of the Court of Claims? 

What are consular courts ? What jurisdiction do such courts have ? 

What are courts-martial? What is the jurisdiction of such courts? 

What does the Constitution of the United States provide in regard to 
jury trial? 

Define treason. What is the meaning of the term corruption of blood ? 
What questions arose during the trial of Aaron Burr for treason ? Was 
Jefferson Davis ever tried for treason? 

If a person should rob the mail, in what court would he be tried ? If a 
sailor should steal from a passenger, when out on the ocean, in what 
court would he be tried? 

Have you any knowledge of any case in which one State sued another? 

Discuss the question: " Resolved, that all judicial officers should be 
appointed, and for life." 



CHAPTER XXXI 

RELATIONS OF THE STATES 

State Records. — The acts, records, and judicial proceed- 
ings of any State are respected in every other State so far as 
they can have application (S). Without this provision, a per- 
son against whom a judgment had been obtained might re- 
move his property into another State, where the same could 
not be taken on execution without a new trial and judgment. 
A marriage or divorce in one State is a marriage or divorce 
in every other State, although neither marriage laws nor 
divorce laws are uniform. 

Privileges of Citizens. — The citizens of each State are en- 
titled to all the privileges and immunities of citizens of the 
several States. No State can make any law that shall grant a 
certain right to some citizens and deny the same right to 
others under the same conditions. A State may, however, 
prescribe a certain term of residence therein as a condition 
for voting at elections (T x ). 

Fugitives from Justice: Extradition. — A person charged 
with crime, who shall flee from justice, and be found in an- 
other State, can be brought back for trial by means of a req- 
uisition. This is a written demand made by the Governor 
of the State from which the person has fled to the Governor 
of the State in which he is found, requiring the delivery of the 
prisoner to the proper officers, in order that he may be brought 
back for trial. The Constitution makes extradition between 

Am. Cit. — 2t 321 



322 UNITED STATES 

the individual States a duty (T 2 ). The Supreme Court of 
the United States has held that when the demand is made in 
due form, it is the duty of the Governor on whom the demand 
is made, to respond to it, and he has no moral right to refuse. 
Nevertheless, the Governors of States have often refused com- 
pliance, when substantial justice did not seem to require it. 
No power has been conferred upon United States Courts to 
compel compliance. 

The power to surrender persons who have committed 
offenses in a foreign country, and have fled to one of the States, 
belongs exclusively to the United States. In general the re- 
quest for extradition, and the surrender of the person, are acts 
of high authority, and are made in a formal diplomatic way. 
Treaties have been made with all the important countries of 
the world, governing the question of extradition; but gen- 
erally only the more serious crimes, amounting to felony at 
common law, are extraditable. Most countries refuse to 
surrender persons charged with political crimes. In general 
the surrender of a criminal is made only with the under- 
standing that he is to be tried for the crime mentioned in the 
extradition papers, and for no other. 

The class of persons to whom the third clause of the second 
section of Article IV applies (T 3 ) no longer exists, and it has 
become inoperative. The clause was really intended for the 
benefit of the slave-holding States. The Fugitive Slave Law 
of 1850 was passed under the authority of this clause. The 
operation of this law caused great indignation in the North- 
ern States where freedom was believed to be the natural right 
of all men. Since any citizen was required by law to assist 
in catching and returning runaway slaves, if called upon to 
do so, the spectacle of a hunted fugitive sent back to lifelong 
captivity for no crime except that of being a black slave, 



RELATIONS OF THE STATES 323 

brought home to the people the actual conditions of slavery. 
Under the fugitive slave laws of 1793 and 1850, a free negro 
who was suspected of being a fugitive could be arrested and 
his case decided without any chance for the cross-examination 
of witnesses. In several instances free men, on false testi- 
mony, were thus delivered to claimants and sent into slavery. 
Such acts, in a time of storm and stress, brought on the 
Civil War. 

Territories: New States. — As the National domain was 
gradually settled, it was divided into portions of various 
sizes, called Territories, and governed under laws enacted 
by Congress. First, they were given governors and judges 
by the President; then, as the population increased, they 
were given legislatures, chosen by their own people, with 
the power to make laws subject to the approval of Con- 
gress. Finally, when the population warranted the act, 
most of them have been admitted to the Union upon com- 
plete equality with the original thirteen States. The great 
National domain has thus been a seed bed for the growth 
and development of new States. Congress has power to 
make all needful rules and regulations respecting the terri- 
tory and other property of the United States (U 2 ). In the 
erection of commonwealths, mistakes have been made by 
Congress. These should not be repeated. Extreme care 
should be exercised in the irrevocable step of State-making, 
nor would it be improper to establish a progressively higher 
standard of admission. 

The Constitution provides that no new State shall be formed 
by the division of any State, nor by the junction of two or 
more States or parts of States, without the consent of Con- 
gress and the legislatures of the States concerned (U l ). 
The State of West Virginia was admitted during the Civil 



324 UNITED STATES 

War, but the validity of the formation of the new State was 
not acknowledged by the mother State until after the close 
of the conflict. 

The organized Territories at present are Arizona, New 
Mexico, and Hawaii. Congress makes all the laws for the 
government of such territory as the District of Alaska, while 
the President appoints the governor and other officers. Con- 
gress also determines the civil rights and political status of the 
native inhabitants of our Spanish possessions acquired at the 
close of the war with Spain. Accordingly, a modified form 
of territorial government has been created for Porto Rico and 
the Philippines. In each government the majority of the 
upper house of the Legislature is appointed by the President, 
while the members of the lower house are chosen by the 
people. The governors and other important officers are ap- 
pointed by the President. Representation at Washington is 
given by resident commissioners who do not, however, have 
seats in Congress as the Territorial delegates have, although 
entitled to recognition by the executive departments in Wash- 
ington. A just and orderly government for the Philippines 
is a difficult problem on account of the mixed population, 
ranging from head -hunting savages to highly civilized 
Spanish-speaking gentlemen. 

Under the direction of the President, the Sulu Islands and 
Guam are governed by military and naval officers respec- 
tively. Tutuila is under a governor, and the Isthmian Canal 
Zone under a Commission, all appointed by the President. 

What are the relations of the United States to Cuba? 
Congress laid down certain principles as a basis for the gov- 
ernment of Cuba; the conditions were accepted, and a re- 
public formed, of which General Palma was chosen as the 
first president. The most important conditions are that Cuba 



RELATIONS OF THE STATES 325 

must make no foreign agreements contrary to the interests of 
the United States; must not incur large debts; must keep ports 
relatively free from disease by proper sanitation; and must 
cede to the United States certain sites for naval stations. 
During the past few years the efforts at self-government have 
not been successful, but the orderly manner in which the 
general elections of 1908 were conducted has been received 
as a sign that Cuba is prepared to control her own affairs, 
and that the political outlook has improved. Three fourths 
of the registered voters exercised their right of suffrage, and 
this proportion compares favorably with that in countries 
more accustomed to self-government. General Gomez, the 
Liberal candidate, was chosen president of the republic. 

Public Lands. — Soon after the close of the Revolution, vari- 
ous States ceded to the United States their claims to western 
lands. From this cession arose the duties of the administra- 
tion of these public lands, and the organization of new States. 
It was decided by that body that the lands should be sold 
and the proceeds devoted to paying the National debt. An 
Ordinance passed by Congress in 1785 prescribed the man- 
ner in which these lands should be surveyed. The general 
plan outlined in this bill has been carried out in detail by 
Congress in acts since passed by that body, and is applicable 
to all unorganized territory which has since come under the 
control of Congress. This plan for surveying and subdivid- 
ing National lands was suggested by Thomas Jefferson, and 
is very simple. Such land is divided into townships six miles 
square by meridians and parallels of latitude. The meridians 
or range lines run due north and south, while others called 
township lines cross them at right angles. Then, by lines one 
mile apart, each township is divided into thirty-six sections. 
Each of these sections of land contains one square mile, or six 



326 ' UNITED STATES 

hundred and forty acres. The sections are numbered from 
east to west and west to east consecutively, beginning in the 
northeast corner of the township with No. i, and ending in 
the southeast corner with No. 36. Each section is divided 
into quarter sections and sixteenth sections. 

The Ordinance of 1785 set apart and reserved section 
No. 16 in each township for the maintenance of public schools 
in that township. As this policy has since been followed in 
all laws concerning territory acquired by the United States, 
every State or Territory carved from the public lands has in 
every township one square mile of land devoted to free educa- 
tion. The title to such land is vested in the State Legislature, 
and the proceeds from its sale form a permanent school fund, 
the interest of which is paid to the individual townships for the 
support of their schools. Since the organization of Oregon 
Territory in 1848, section No. 36 has also been reserved for 
the school fund. Thus the schools of each of the newer 
Western States have a magnificent endowment consisting of 
the income from one eighteenth of the land of the entire State. 

The most famous legislation for the organization of the 
"Territory Northwest of the Ohio" was the Ordinance of 
1 787 . It provided for the organization of government, and an- 
nounced sound doctrines of civil liberty. Each citizen was 
entitled to writ of habeas corpus and trial by jury. No per- 
son was to be molested on account of his religious sentiments 
or his mode of worship. Neither slavery nor involuntary 
servitude, except as punishment for crime, was permitted. 
The Territory and the States formed from it were to remain 
forever a part of the United States. The Ordinance stated 
that since religion, morality, and knowledge are necessary to 
good government, schools and the means of education should 
forever be encouraged. It is one of the wisest documents ever 



RELATIONS OF THE STATES 327 

put forth by a deliberative assembly, and had great weight 
in shaping later organization of Territories. The Ordinance 
of 1787 was framed by the dying Congress of the Confed- 
eration. The glory of this Act of 1787 rests with it to offset 
its many trials and failures. 

Under the Homestead Act of 1862, any citizen of the United 
States, or a person who has filed the declaration of intention, 
if over twenty-one years of age, may take up 160 acres of 
government land, and at the end of five years' residence get a 
title free of cost. Under the Preemption Act, the price of 
government land is $2.50, if it be within the limits of land 
granted to railroads, or $1.25 if outside those limits. Most of 
the land, however, which can now be "homesteaded" or 
bought is barren or practically worthless without irrigation. 

Republican Form of Government. — The United States 
guarantees to every State a republican form of government. 
The propriety of a power to prevent a State from changing its 
government to any other than a republican form is evident. 
As the individual States have surrendered to the United States 
the right to keep troops or ships of war in time of peace, it is 
just and right that a State, when invaded by a foreign enemy, 
or suffering from domestic violence, should be aided and pro- 
tected by the Federal government (V). 

During the great railroad strike in Chicago in 1894, the 
whole railway business of the region was practically sus- 
pended, and the orders of the United States Courts could not 
be enforced. The city and State governments were unable to 
keep order, and Governor Altgeld would not call for Federal 
aid. President Cleveland, however, made use of the only 
organized force equal to the case, and sent United States 
troops to prevent the obstruction of the mails and of inter- 
state commerce. The Governor claimed that the President 



328 UNITED STATES 

should have interfered only on request made by him or by the 
Legislature of Illinois. The decisions of the Supreme Court 
sustained the action of the President. 

How the Constitution May be Amended. — Since all the 
future needs of the people could not be foreseen and provided 
for, it was anticipated that changes would be found neces- 
sary; provision was made, therefore, for the amendment 
of the Constitution. An amendment must first be pro- 
posed, and then ratified. There are two different modes 
for proposing amendments, and two different modes of 
ratifying them (W). 

An amendment may be proposed by two thirds of both 
houses of Congress; or by a convention, called by Congress, 
on the application of the legislatures of two thirds of the States. 
The first method is the more direct and simple, and is the one 
that has always been followed. 

Proposed in either of these ways, amendments, to become 
active parts of the Constitution, must be ratified by the legis- 
latures of three fourths of the States, or by conventions in 
three fourths of the States. Congress determines which of the 
two ways shall be adopted. The first method is the simpler 
and more direct, and has always been followed. Thus it has 
resulted that in the making of the fifteen amendments to 
the Constitution, all were proposed by Congress and rati- 
fied by the State Legislatures. The Supreme Court of the 
United States has decided that it is not necessary that amend- 
ments which have received the two-thirds vote of both houses 
of Congress should be sent to the President for his approval or 
disapproval. The Thirteenth Amendment, however, pro- 
claimed in force December 18, 1865, bears such an approval 
by the President. 

The three exceptions to the power of amendment were the 



RELATIONS OF THE STATES 329 

result of compromises made in the Convention of 1787. Two 
of them were caused by slavery, and are now simply of his- 
torical interest. The proviso that no State, without its con- 
sent, shall be deprived of its equal suffrage in the Senate, will 
never be changed. No State will ever consent to lose equal 
representation in the Senate. 

The fact that the conditions of amendment are so difficult 
gives the government a stability of organization which it other- 
wise would not have. While changes are not prevented, ex- 
isting conditions cannot lightly be altered. There must be a 
great desire for a change on the part of the people, as shown 
by a two-thirds vote in Congress or State Legislatures in pro- 
posing it, and the three-fourths vote in ratification. The 
clause granting the power of amendment is in many respects 
the most important one in the entire Constitution. The fun- 
damental law is not supposed to be immutable. It constitutes 
a unit representing the determination of the whole people, 
and is no less binding upon the legislator than upon the in- 
dividual citizen. It may be altered by the will of the people, 
according to established rules. The Constitution may vary, 
but as long as it exists in a given form, it is the origin of all 
authority and the sole vehicle of power. 

Assumption of Public Debts. — The framers of the Con- 
stitution had no intention to repudiate any debts contracted 
previous to its adoption. The obligation of the general gov- 
ernment to pay all debts contracted before its adoption is 
acknowledged (X a ). The lack of power to raise money by 
taxation had been a source of weakness in the Confederation, 
and many debts had been incurred. The assumption of these 
debts, and the making of their payment compulsory on the 
new government, was an act of the greatest wisdom; for it 
served to allay the fears of public creditors, who thought that 



330 UNITED STATES 

a change in the government would be understood as releasing 
the Nation from its obligations. 

Supremacy of the Constitution. — The union of the States 
would be very unstable were not all State authorities bound 
by the Constitution, laws, and treaties of the United States 
(X 2 ). The Nation is above any State; and, if the laws and 
treaties made by the general government could be nullified by 
any State, the granting of power to make such laws and 
treaties would be ineffectual and valueless. But the doctrine 
of nullification has been overthrown. The Constitution and 
its amendments, with the laws and treaties, form the supreme 
law of the land. 

Oath of Office: Religious Test. — Binding the conscience 
of public officers by oath or solemn affirmation, has long been 
considered effective in securing the faithful performance of 
their duties. All important United States and State officers 
are required to take oath or affirmation to support the Consti- 
tution. They are also generally required to swear to discharge 
the duties of their office to the best of their ability (X 3 ). 

No religious test can ever be required as a qualification 
for holding any office or public trust under the United 
States. The full enjoyment of religious liberty is secured 
to every citizen, and the introduction of any religious test is 
prohibited. 

Compromises of the Constitution. — (i) The most difficult 
question which the framers of the Constitution were called 
upon to settle was that of representation in Congress. The 
small States presented the New Jersey plan, insisting upon 
equality of representation, — a single house, with equal vote 
of the States. They feared that if the number of members 
in Congress assigned to each State were proportional to the 
population, a few of the larger States would be able to com- 



RELATIONS OF THE STATES 331 

bine and control legislation. On the other hand, the larger 
States were able to insist that their greater wealth and pop- 
ulation entitled them to greater power in the government, 
and that they should not be exposed to the danger of undue 
taxation through a combination of the smaller States upon 
such measures. The Virginia plan called for two houses 
with representation according to population in both. A del- 
egate from Connecticut suggested that in one branch — the 
Senate — the States should be equally represented by two 
Senators each; and in the other branch — the House — the 
number of Representatives should be proportioned to the 
population, and the people be thus directly represented. 
This idea was adopted July 5, 1787, and the first and most 
important compromise in the framing of the Constitution 
gave an equal vote of States in the Senate and proportional 
representation in the House. 

(2) Soon after this agreement the question of assessing 
Federal direct taxes came up, and the members from the 
Northern States desired that in fixing the proportion for each 
State, negroes should be counted at their full numbers. This 
matter was compromised (July 12) by a vote that Representa- 
tives and direct taxes should both be apportioned counting 
slaves at only three fifths of their actual numbers. The Na- 
tional government now levies no direct taxes, and the matter 
of representation of slaves was settled by the adoption of the 
three great amendments resulting from the Civil War. In the 
language of the Fourteenth Amendment : Representatives shall 
be apportioned among the several States according to their 
respective numbers counting the whole number of persons in 
each State, excluding Indians not taxed (Am. 14). 

(3) It was agreed that Congress should have power to regu- 
late foreign commerce, but the Southern members had fears 



332 UNITED STATES 

that navigation acts might be passed for the protection of 
American shipping, and freights on Southern exports be thus 
increased. A compromise (August 25) left Congress free to 
pass such acts by the usual majority, but the slave trade was 
not to be prohibited for twenty years. Export taxes were pro- 
hibited. 

(4) The determination of the relation of the States to the 
Federal government was a compromise although not so 
clearly expressed. The Convention at first voted that Con- 
gress should have the right to veto State laws. But a sub- 
stitute clause was adopted (July 17) which practically pro- 
vides for appeals to the Supreme Court of the United States, 
in case a State infringes on the National Constitution (X 2 ). 
The Constitution is silent concerning such appeals, but in 
pursuance of Clause 2, Article VI, Congress has provided for 
an appeal to the Supreme Court of the United States of all 
final decisions of State courts infringing upon the validity of 
the Federal Constitution, laws, and treaties. 

" The Federalist." — It was during the time between the 
submission of the Constitution by the Convention of 1787, 
and its adoption by the several States, that the celebrated 
series of papers known as ' ' The Federalist ' ' appeared. These 
are known to be the joint production of Alexander Hamilton, 
John Jay, and James Madison. To this day this series of 
essays defending the Constitution forms one of the wisest and 
best discussions of the great fundamental law. Those letters 
which analyzed the general powers of the government, ex- 
pounded its details, and made clear its historical and theo- 
retical foundations, were the work of James Madison. The 
general conceptions of government set forth in the Constitu- 
tion, the defects of the Confederation, and many details of the 
new plan were explained by Alexander Hamilton. John Jay 



RELATIONS OF THE STATES 333 

discussed the advantages and fitness of the new government 
for dealing with the foreign relations of the States. These 
papers form the chief manual of all students and historians of 
the Constitution. 

A Government of Checks and Balances. — The three great 
departments of the government of the United States — the 
Legislative, the Executive, and the Judicial — act in such way 
as to establish a government of checks and balances. Each 
is given power to defend itself against the encroachments of 
the other two, and each acts as a check upon the others. No 
single department can make itself supreme. The President 
exercises important legislative powers in his veto, and judicial 
powers when he pardons. Congress, through the Senate, acts 
as an advisory council to the Chief Magistrate, — without its 
consent no important appointment can be made and no treaty 
ratified. The Supreme Court may declare a law uncon- 
stitutional, and thus exercise supreme legislative functions. 
Lastly, Congress, through the initiative in taxation exercised 
by the House of Representatives, has effectual control over 
abuse of the executive function by the President. The laws 
must be made for all alike; and there can be no safety for the 
people nor for their government unless equal and impartial 
justice marks at all times its administration. How wonder- 
fully, in many critical times, does the Supreme Court illus- 
trate the wisdom and inspiration of the men who founded 
the government of the United States! 

Ratification of the Constitution. — The immediate ratifi- 
cation of the Constitution was not expected, but a union of 
less than nine States was deemed inexpedient (Y). In less 
than one year after the framers of the Constitution had con- 
cluded their labors, nine States had ratified the Constitution. 
The other States ratified it later, the last State being Rhode 



334 UNITED STATES 

Island in 1790, after proceedings under the Constitution had 
commenced. 

QUESTIONS 

Name and describe the interstate relations established by the Federal 
Constitution. 

Why should the existing relations between the States and the Nation 
be preserved ? 

What is meant by extradition ? Is the Governor obliged to surrender 
an escaped criminal upon the demand of the authorities of the State 
from which he escaped? 

Discuss the Fugitive Slave Laws. 

Describe the steps taken in the admission of a State. Could Congress 
admit a State having a king as its executive ? 

What measures does Congress take in the admission of a State? 

How are new States admitted? 

What are the relations of the United States with Cuba? 

Describe the government of the Panama Zone. Of Porto Rico. Of 
Hawaii. Of the Philippines. Of Guam and Samoa. What is the 
strategic value of Pearl Harbor? 

Discuss the topic "Public Lands." What plan did Jefferson suggest 
in regard to surveys ? 

Describe the Continental Congress. What may be called the great act 
of the Congress of the Confederation? When was the Confederation 
formed? How long did it last? What were its principal defects? 

Discuss the effects of the Ordinance of 1785 and the Ordinance of 
1787. 

How long were the Articles of Confederation in force? 

Set forth the influences of the Ordinance of 1787 upon political his- 
tory in reference to slavery, self-government, and education. 

What political features have the States in common ? Name the powers 
each may exercise. 

What is the nature of the republican form of government to which each 
State is entitled ? 

How may the Constitution of the United States be amended? 

Define constitution, convention, and compromise. What were the 
compromises of the Constitution of the United States? 



RELATIONS OF THE STATES 335 

When two States of the Federal Union disagree, what solution of the 
difficulty is possible? 

When did the United States protect a State against invasion ? Against 
domestic violence? 

Would the union of the United States and Canada promote the wel- 
fare of the people of these two countries ? 

What is said concerning the clause granting the power of amend- 
ment? 

How does history prove that the people in 1787 had great need of the 
very objects set forth in the preamble of the Federal Constitution? 

What is meant by "oath of office"? What is an affirmation? What 
does the Constitution say about religious tests ? 

What questions concerning representation arose in the Convention of 
1787? WTiat was the Virginia plan? What was the plan proposed by 
some of the smaller States ? What was the compromise plan proposed 
by Connecticut ? Show traces of each of these plans in the Federal 
Constitution. 

What does the Constitution say about Indians? 

How may one department of the Federal Government maintain its 
independence with respect to the other two ? 

Name some of the checks and balances found between the great de- 
partments of the Federal Government. 

Explain fully the authorship and influence of "The Federalist." 

Name three famous men who have been Chief Justices of the United 
States, and give a brief sketch of decisions rendered by each. 

Why is one department likely to attempt any encroachment upon the 
rights of another? How can such encroachment be prevented ? 

What is the effect of the Supreme Court in declaring a law unconstitu- 
tional ? 

How was the Constitution ratified? What State was the last one to 
ratify it ? 

It has been proposed that the members of the Cabinet be allowed to 
appear in Congress and urge upon that body the passage of measures 
which are desired by the President. What principle would such a 
course violate? 

It is proposed to elect United States Senators by a direct vote of the 
people. How must the requisite constitutional change be made ? 



CHAPTER XXXII 
THE AMENDMENTS 

Desire for a Bill of Rights. — A summary of the rights and 
privileges claimed by a people is known as a Bill of Rights. 
A declaration of rights was presented by Parliament to Wil- 
liam and Mary in 1689, and enacted after the prince and 
princess became the rulers of England. At the time of the 
adoption of the Constitution of the United States, one of the 
objections raised against it was the fact that it contained no 
Bill of Rights or statement of political principles and maxims. 
The frame rs of the Constitution had thought such declara- 
tions unnecessary. But several of the States, in ratifying 
the Constitution, expressed the desire that declarations and 
guarantees for certain rights should be added. Virginia, 
North Carolina, South Carolina, New York, Massachusetts, 
and New Hampshire all urged that amendments be made. 
The chief advocates of the Constitution in their several con- 
ventions had promised that changes would be possible; so 
that it was generally understood at the time of the ratification 
of the main instrument, that such addition as these amend- 
ments should be made. Hamilton, in urging upon the States 
the adoption of the Federal Constitution, argued that any 
amendments which might be desired by the people of the 
requisite number of States would be far more easy of attain- 
ment after the adoption of the Constitution than before such 
event. The fact that every amendment to an established 

336 



THE AMENDMENTS 337 

Constitution would be but a single proposition to be con- 
sidered singly would aid in the facility of effecting an amend- 
ment. In the midst of his work for the adoption of the great 
instrument he writes: " A Nation without a National Govern- 
ment is an awful spectacle. . The establishment of a Con- 
stitution, in time of profound peace, by the voluntary consent 
of a whole people, is a prodigy, to the completion of which I 
look forward with trembling anxiety." 

A Wise Provision of the Constitution. — It is provided in 
the Constitution (W), that amendments may be proposed by 
Congress and then submitted to the States for ratification. 
The many amendments suggested at the time of the adoption 
of the Constitution were reduced by Congress to twelve at its 
first session. These had secured the requisite two-thirds vote 
in both houses, and were therefore sent out to the States for 
ratification. Eight of them echoed the phrases of Magna 
Charta, the Petition of Right, the Declaration of Independ- 
ence, and of the Virginia Bill of Rights. Out of the long 
processes of English constitutional history, the precedents and 
practices of English courts and justice, the charters and 
ancient parliamentary protests, these principles set forth by 
Congress had come. They made secure the rights of in- 
dividuals against the encroachment of Federal power. 

Although Congress proposed twelve amendments, ten only 
of those then proposed received the necessary ratification by 
three fourths of the States. Virginia, the last State necessary 
to make up the requisite number, ratified these amendments 
December 15, 1791. These ten amendments — adopted al- 
most immediately after the Constitution — -are often spoken 
of as a Bill of Rights. These ten amendments apply to the 
United States government only, and are not restrictions upon 
the States ; although the State constitutions generally have sim- 

Am. Cit. — 22 



338 UNITED STATES 

ilar provisions to protect the rights of the people from the State 
governments. Some of the other amendments to the Con- 
stitution of the United States do, however, apply to the 
States. 

Certain rights are essential to civil liberty, and so evidently 
just, that it is not conceivable that Congress would ever have 
passed laws directly violating these rights, even had not an 
express prohibition been placed upon such laws (Am. i). 

Religious Freedom: Free Press and Free Speech. — Free- 
dom in matters of religion, freedom of speech and of the press, 
all guaranteed in the First Amendment, are very essential to 
civil liberty. This does not defend slander or libel, nor does 
the right of the people peaceably to assemble give counte- 
nance to public tumult and disorder. The right to petition the 
government for redress of grievances is also granted by the 
same amendment. There can be no State Church, as the 
Episcopal Church in England, the Presbyterian Church in 
Scotland, the Catholic in Austria, or the Greek Church in 
Russia. 

Right to Bear Arms. — To deny the right of citizens to bear 
arms is a means employed by despotic rulers to enforce ar- 
bitrary government. Without the Second Amendment, some 
feared, ambitious men might, by the aid of the regular army, 
overthrow the liberties of the people. State laws forbid the 
carrying of concealed deadly weapons. Congress cannot pass 
laws forbidding the people to keep and bear arms. A well- 
regulated militia is necessary to the security of a free state, and 
'the right to self -protection cannot be infringed. A govern- 
ment which trusts its citizens with freedom to keep and bear 
arms must preserve its character for justice, and it may be 
partly for this purpose that the right has been formally ac- 
knowledged in the Constitution (Am. 2). 



THE AMENDMENTS 339 

Rights of Householders. — The sending of soldiers to pri- 
vate houses and requiring that they be lodged and fed, was 
once a common practice. This is one of the grievances set 
forth in the Declaration of Independence under the term 
quartering oj soldiers. Congress must respect the home rights 
of every citizen. In time of peace, soldiers cannot be quar- 
tered in any house without the consent of the owner; nor 
can this be done in time of war, save in a manner prescribed 
by law. To secure the people against such intrusion is the 
object of the Third Amendment (Am. 3). 

Security of Person, Home, and Personal Effects. — It is 
provided that the right of the people to be secure in their per- 
sons, houses, papers, and effects against unreasonable searches 
and seizures shall not be violated. It is a principle of common 
law that a man's house is his own castle. There could be no 
security of this kind if every man could, on mere pretense or 
suspicion of injury, obtain a warrant for arresting his neigh- 
bor, or for searching his premises and seizing his property. 
It is proper that a magistrate shall not issue a search warrant 
unless it shall appear, by the oath of the complainant, that 
there is probable cause. Even then, the persons and things to 
be seized and the place to be searched must be particularly 
described. Otherwise, innocent men might be subjected to 
much trouble, and unjust suspicion thrown upon their char- 
acters. Every citizen has the right to demand the authority by 
which an official act is done. An officer, or other person, who 
searches a place or seizes a person or things without a warrant, 
is guilty of a crime and can be punished (Am. 4). 

Rights of Liberty and Life. — The rights set forth in the 
Fifth Amendment are common-law rights, and are founded 
upon just principles. Grand juries., as to general object, have 
been described on pp. 119-121. A grand jury in the courts 



340 UNITED STATES 

of the United States consists of not less than sixteen nor more 
than twenty-three men, drawn by lot. While this article re- 
mains as part of the Constitution, no person can be tried in a 
Federal Court for any serious offense without an indictment 
by a grand jury. But cases arising in the military and naval 
service, and in the militia in time of war, are tried in courts- 
martial without such an indictment. The army and navy 
could not enforce their needed discipline by such a system, 
as in those branches there is a necessity for prompt punish- 
ment of offenses against military and naval rules. The Fifth 
Amendment further provides that after a fair and impartial 
trial and an acquittal, a person shall not be tried a second 
time for the same offense. Nor can the persons accused of 
crimes be compelled to testify against themselves, as many 
were once tortured into confession. No person can be de- 
prived of life, liberty, or property by the United States govern- 
ment without -due process of law. Private property cannot 
be taken for public uses without just compensation to the 
owners. The government may, however, exercise its right of 
eminent domain and compel an owner to accept an amount 
found as just compensation by commissioners appointed to 
estimate the value of the property (Am. 5). 

Criminal Prosecutions. — Certain other provisions necessary 
to secure to every citizen the rights of liberty and life are set 
forth in the Sixth Amendment. A person accused of crime 
has certainly a right to a speedy and public trial by an im- 
partial jury. He has the right to be heard in self-defense or 
by counsel. In England, until recent times, the prisoner was 
not allowed to have a lawyer to help him make his defense. 
It is also essential to justice that the accused person should 
know the nature of the charges against him, that he may pre- 
pare his defense. He has also the right to be confronted by 



THE AMENDMENTS 341 

the witnesses against him; to compel by process of law the at- 
tendance of unwilling witnesses; and to have the assistance 
of counsel for his defense even if he is too poor to employ a 
lawyer, in which case one is appointed by the court (Am. 6). 
The lynching peril may be removed if courts of justice will 
secure prompt trial of the accused. This crime seriously 
endangers the rights and liberties of the people. 

Suits at Common Law. — The Seventh Amendment refers 
to civil suits, or suits concerning property, tried in the Fed- 
eral Courts. The right to a trial by jury is granted wherever 
the value in controversy exceeds twenty dollars. Congress 
could pass a law that civil suits involving less than twenty 
dollars should be decided finally without a jury trial — say, 
by a United States commissioner. Such law has never been 
made, nor could Congress compel the settlement in this way 
of cases involving twenty dollars or more. According to 
the common law, when a case has once been tried by a jury, 
the judges in the appellate court can not reverse the facts 
in the case as determined by the jury. Decisions of the judge 
in a case may be reversed, if illegal, and a new trial ordered; 
but unless the judge in the lower court has made such mis- 
takes, the appellate court can not change the verdict nor 
order a new trial. The common law allows the court before 
which the case is first tried to grant a new trial, both in civil 
and criminal cases, if the judge believes the verdict of the 
jury to be against the weight of evidence. A case may be 
carried to a'higher court on a writ of error, or by an appeal. 
The first removes the case for reexamination as regards the 
law, but not the fact. An appeal removes it for examination 
in both law and fact. In Louisiana alone, of all the States, 
is the common law unknown. The latter part of the Seventh 
Amendment states that if a fact tried before a jury in a 



342 UNITED STATES 

lower court is carried to a higher court, the reexamination 
must be according to the rules of the common law (Am. 7). 

Excessive Bail. — The object of bail and the manner in 
which it is given have been stated on pp. 219-220. With- 
out the restriction made in the Eighth Amendment, the sum 
might be made so high as to prevent persons accused of crime 
from securing the necessary sureties; whereby innocent per- 
sons might be subjected to long imprisonment before the day 
of trial. It is therefore properly left to the court to fix the 
amount of bail, which should correspond to the degree of the 
offense. Courts have the same discretion as to the measure of 
fines and punishments. Cruel and unusual punishments are 
forbidden. Hanging, although cruel, was not unusual at the 
time of the adoption of the Constitution; and electrocution, 
although an unusual punishment, gives no evidence of being 
also a cruel punishment (Am. 8). 

Reserved Rights. — There were persons who feared that, 
because the Constitution mentions certain rights as belonging 
to the people, those not mentioned might be considered as 
surrendered to the general government. An amendment was 
inserted to prevent such a misconstruction of the Constitu- 
tion (Am. 9). 

A Very Important Clause. — The Tenth Amendment is 
similar to the preceding, and sets forth that the powers which 
the Constitution has not given to the Federal government, 
nor prohibited the States from exercising, are reserved by 
the States or by the people (Am. 10). But, as may be seen 
on pp. 261-263, the National Government has certain im- 
plied powers in addition to those expressly given in the Con- 
stitution. Although there is nothing in the Constitution on 
the question of annexing territory, yet under Jefferson in 1803, 
Louisiana was purchased from France and promptly in- 



THE AMENDMENTS 343 

corporated. During the Civil War, Congress and President 
Lincoln took action in many cases which seemed to them of 
doubtful constitutionality, while such actions were essential 
to the successful conclusion of the war. The Union must be 
preserved at all hazards. The Federal Courts have held, in 
the case of officers whose important duties are strictly de- 
fined, that the authority to do an act carries with it the power 
to use such means as are necessary for the accomplishment of 
that end. And this amendment should be construed in that 
spirit. 

Individuals Cannot Sue States in Federal Courts. — The 
Eleventh Amendment was proposed at the first session of the 
third Congress, March 5, 1794, and its ratification by the 
proper number of States was announced to Congress by a 
message January 8, 1798. This amendment prohibits a Fed- 
eral Court from trying any suit in law or equity commenced 
or prosecuted against one of the States by citizens of another 
State, or by citizens or subjects of any foreign country. This 
is intended to prevent a State from being sued in an original 
suit by a private person a citizen of another State. A suit may 
be brought in the courts of the State, but there is no way to 
compel payment of claims. Some States have taken advan- 
tage of this amendment to repudiate their bonds, and this 
article has prevented the owners from suing the States in the 
Federal Courts. 

The passage of the Eleventh Amendment was largely due 
to the dissatisfaction aroused by the decision rendered by 
the Supreme Court of the United States in the case of Chis- 
holm vs. The State of Georgia. A sovereign State had been 
sued in an original suit, and dragged into court by a private 
plaintiff. The Eleventh Amendment denies the right of a 
citizen to sue a State without its own consent. Many State 



344 UNITED STATES 

constitutions contain a clause setting forth the manner in 
which such States can be sued. All such cases are tried in 
the State courts, and not in the Federal Courts. It has been 
decided that when a State engages in any business not nec- 
essary to preserve its autonomy or sovereignty — as in the 
establishment of State dispensaries in South Carolina — it 
waives its rights under the Eleventh Amendment. 

Choosing the President and Vice President. — The Twelfth 
Amendment effects a change in the mode of election of the 
President and Vice President (Am. 12) and is considered at 
length under Chapter XXVIII, "The Executive Power." 
This amendment was proposed by Congress in 1803, and 
ratified by the requisite number of States, according to public 
notice set forth by the Secretary of State, September 25, 1804. 
Since that time, now over one hundred years, no amendments 
have been made, or very seriously proposed, except the In- 
come Tax Amendment, proposed in 1909, and the great 
amendments made necessary by the result of the Civil War. 
The latter we shall now proceed to consider. 

Abolition of Slavery. — The Emancipation Proclamation 
of President Lincoln, which went into effect January 1, 1863, 
abolished slavery in those States which were then in rebellion; 
but it did not affect the other slaveholding States: — Delaware, 
Maryland, Kentucky, Tennessee, Missouri, and parts of 
Louisiana and Virginia. The chief cause of the Civil War 
was slavery, and the conviction was reached throughout the 
country that this great evil should not survive the war. Men 
of imagination felt every moment of action dramatic, when 
on January 31, 1865, the House of Representatives agreed to 
this amendment; thus proposing the abolition of slavery in 
the very terms of the Wilmot Proviso and the famous Ordi- 
nance of 1787, upon which so much bitter history had turned. 



THE AMENDMENTS 345 

This celebrated Thirteenth Amendment — the first change 
in the Constitution since 1804 — was proposed by the Senate 
April 8, 1864; but, failing of the necessary two-thirds vote in 
the House, had been laid aside. But when, on that day in 
winter, it came a second time to the vote, a deathly stillness 
reigned while the roll call proceeded. As it became evident 
that the needed majority was secured, the House broke 
through all restraint and joined in the shout of joy that arose 
from the crowded galleries. Men embraced one another, for 
the end so long desired had come. The amendment was to 
complete the work of emancipation and make the results of 
the war safe against reaction. When by oversight the amend- 
ment was sent to President Lincoln, and he returned it to 
the Senate with his approval, that body unanimously voted 
that the approval of the President was not necessary. The 
Senate did not notify the House of Representatives of the 
approval, and since that time no proposed amendment to the 
Constitution has been submitted to a President. This great 
amendment, which was declared ratified December 18, 1865, 
abolished slavery throughout the Union, and gave the slaves 
the right to be freemen (Am. 13). 

The Right of Citizenship. — The famous Dred Scott deci- 
sion, given by the Supreme Court of the United States in 1857, 
affirmed that negroes were incapable of citizenship, and that 
in Revolutionary times they were considered things, or chat- 
tels, with no rights which white men were bound to respect. 
The Fourteenth Amendment, officially declared to have been 
ratified by the necessary number of States July 28, 1868, re- 
versed that decision and destroyed the distinction between 
whites and blacks as to citizenship. All persons born or 
naturalized in the United States, and subject to the jurisdic- 
tion thereof, are citizens of the United States and of the State 



346 UNITED STATES 

wherein they reside. Chinese children born in this country 
are citizens, although Congress has forbidden Chinamen to be 
naturalized. Indians who maintain their tribal relations con- 
stitute an exception to the rule that birth within this country 
necessarily confers citizenship (Am. 14). Children born to 
foreign officials living in Washington would not be citizens, 
because not subject to the jurisdiction of the United States. 
The Fourteenth Amendment gave the negro civil rights. 
The Constitution of the United States provides that the citi- 
zens of each State shall be entitled to all the privileges and im- 
munities of citizens in the several States (T 1 ). Whatever a 
person may claim as of right under the Constitution and laws 
of the United States by virtue of his citizenship, is a privilege 
of a citizen of the United States. Thus a citizen may pass 
from State to State; may have the benefit of the postal laws; 
may vote if he comes within the conditions of suffrage ; or may 
demand the protection of the United States. Wherever the 
United States is charged with the duty of protecting citizens 
against harm, inconvenience, or deprivation, a citizen is en- 
titled to an immunity from such hardship. 

The Right of Suffrage. — Citizenship does not necessarily 
imply the right to vote. The Thirteenth Amendment gave the 
negroes freedom, and the Fourteenth Amendment granted 
citizenship, but the Fifteenth Amendment was required before 
they could gain the privilege of voting. The second section of 
the Fourteenth Amendment was a strong inducement to grant 
negroes the right to vote, but it did not render the grant im- 
perative. The Fifteenth Amendment, bearing the date of 
March 30, 1870, compels all States to grant to negroes the 
right to vote. It declares that the right of citizens to vote shall 
not be abridged, either by the United States or by any State, 
on account of race, color, or previous condition of servitude 



THE AMENDMENTS 347 

(Am. 15). The States still possess the right to refuse the privi- 
lege of voting to certain classes of citizens, but cannot base 
this refusal upon these conditions. Notwithstanding all this 
the negroes, for a century and a half held in bondage, are 
still under many practical and legal disabilities. The force 
of the Fourteenth Amendment was weakened by a decision of 
the Supreme Court that the amendment was not intended to 
bring within the power of Congress the entire domain of civil 
rights heretofore belonging exclusively to the States. In 
Massachusetts and some other States, Northern and Southern, 
an educational qualification is required of voters. But in the 
Southern States a peculiar clause, especially designed to pre- 
vent ignorant negroes from voting, sets forth that the educa- 
tional qualification does not apply to persons whose ancestors 
had the right to vote before negro suffrage began, and who 
register within a given time after the law was made. This 
ingenious device, found in several of the State constitutions, 
has been called the " grandfather clause." 

Thus, in the constitutional work of reconstruction, three 
great amendments to the Federal Constitution were effected. 
The first of these amendments (Am. 13) declared the negro 
free forever; the second (Am. 14) made him a citizen; and the 
third (Am. 15) gave him the right to vote. He now has every 
right, every privilege, every opportunity which the law can 
give to any white man. When the Secretary of State in 1870 
announced that the Fifteenth Amendment had been ratified, 
the constitutional work of reconstruction was completed. The 
sacrifices of the terrible Civil War had not been made in vain. 

Thus, through the wise provision for amendment (W), the 
Constitution has been brought more nearly into harmony 
with those foundation principles of right and justice which 
are able to secure the safety and happiness of the people. 



348 UNITED STATES 

The men who framed the Constitution did not suppose that 
their work was perfect. They saw clearly that there would be 
growth in the Nation — in wealth, in population, in culture and 
civilization, in developed industry and commerce, and through 
the addition of new States. So, as the years pass, still other 
changes will be made according to the statement set forth in 
the Declaration of Independence, "it is the right of the people 
to alter or abolish their form of government" and to institute 
new relations upon sound principles of action. 

It is the people that make the Nation — not the Nation the 
people. Ours is a Federal Republic, and the essence of our 
political system is in the Federal element. This Nation has 
grown great because it offers to the individual the widest 
liberty of action, consistent with the rights of others; and it has 
also left as much of government as possible in those reposi- 
tories of power which are closest to the people. The institu- 
tions of this country are worth the price that was paid for 
them. A great war was the means whereby it was shown 
that the Union is not a confederacy of sovereign States, each 
able to secede at pleasure, but a Nation of people bound to- 
gether by ties which cannot be dissolved. In the language 
of the Supreme Court of the United States (1868), the Civil 
War made this Nation "an indestructible Union of inde- 
structible States." The unity of our political character began 
with our very resistance to organized oppression, when, as 
United Colonies, in the Revolutionary War we secured our 
liberties. We were the United States under the Confedera- 
tion; and the name was perpetuated, and the Union rendered 
more perfect by the Federal Constitution. Under this in- 
strument, the States severally have not retained their entire 
sovereignty. In becoming parts of a Nation, not members of a 
league, they surrendered some of their marks of sovereignty. 



THE AMENDMENTS 349 

The right to make treaties, declare war, levy taxes, exercise 
exclusive legislative and judicial powers, are all functions of 
sovereign power. The Union makes the States for these 
functions and purposes no longer sovereign. The allegiance 
of the citizens of the States, in all such matters in the first in- 
stance, is transferred to the United States. As American citi- 
zens they owe obedience to the Constitution of the United 
States, and to all laws made in conformity with the powers 
it has vested in Congress. Secession, or the claim that each 
State has the right to withdraw from the Union, died in the 
great civil conflict. The world has been shown that there is 
nothing stronger or more stable than what Lincoln called 
" government of the people, by the people, and for the 
people." 

Constitutions a Growth. — Constitutions do not spring into 
existence at once, but are of slow growth representing the 
movement of public opinion through long periods of years. 
The struggles of the people are for the purpose of formulating 
that opinion. Our Federal Constitution is not alone the work 
of the great men who met at Philadelphia in 1787. They did, 
indeed, produce what Gladstone declared to be the most 
wonderful work ever struck off at a given time by the brain 
and purpose of man; but it is rather the fruitage of the seeds 
sown along the pathway of the English race from the shores of 
northern Germany to those of greater America. We may see 
the freedom-loving Germanic people living in their little tuns, 
amid the forest and marshes, and governing themselves by 
means of the town meeting — the tungemot — in which all free- 
men had voice. Then came the representative democracy of 
the county meeting or shire-mot along with the earlier pure 
democracy of the tungemot. 

Amid the turmoil of the Danish invasions these principles 



350 UNITED STATES 

may have been obscured at times, but became clear again in 
times of peace. When the feudalism of the Normans was 
established, the traditions of the people still kept the memory 
of these earlier liberties bright, and the Magna Charta com- 
pelled the kings to grant popular freedom in larger measure. 
In our study of history it will be seen that privileges once 
granted to the people cannot easily be withdrawn. 

Many historians and students of civil institutions regard 
the Petition of Right, in the reign of Charles I., as of equal 
importance with the Great Charter. Certainly, it was a bold 
assertion of rights by the representatives of the people. It 
showed the confidence of Parliament in the righteousness of 
its cause, and the determination to oppose the divine right of 
kings and to establish the real rights of the people. In this 
school of action the lesson of the justice of resistance to op- 
pression was learned. When the Revolution of 1688 gave 
England new rulers who accepted the crown under conditions, 
another victory for popular freedom was gained. 

In the new world, the Virginia House of Burgesses is the 
first instance of popular government. The Mayflower Com- 
pact is the Constitution in embryo. The various Frames of 
Government — the "Great Law" and the "Charter of Privi- 
leges" — set forth the same strife for the freedom of the people. 

The Declaration of Independence, one of the most noble 
of documents connected with the history of our country, was 
a strong bond of union and did much to hold the States to- 
gether. No American who would know thoroughly the his- 
tory of this country can afford to be ignorant of its contents. 
And the Articles of Confederation, when we consider fully 
the time in which they appeared, were a bond of union worthy 
of careful consideration. With all their weakness, a careful 
study of their character must always be of value. 



THE AMENDMENTS 35 1 

A review of the faults of the Articles of Confederation, as 
revealed in the experiences of the time of trial, will well pre- 
pare the student to begin the study of the Federal Constitu- 
tion. The personnel of the Convention is worthy of attention, 
and the work shows the greatness of the men who took part 
in framing the great instrument. It consists of many com- 
promises in which no one obtained what he desired in every 
instance. These men were wise enough to see that there was 
room for diversity of opinion, and that in mutual concession 
something worth while could be accomplished. 

And yet the Federal Constitution is not a fixed, unalterable 
thing, but has been undergoing changes ever since its adop- 
tion. Fifteen amendments have modified it very materially 
from what it was when the Convention closed. Great deci- 
sions rendered by the Supreme Court have given new life to 
its provisions. Political customs have in some cases taken the 
place of methods prescribed in the text. In the election of a 
President, the Electors really carry out the will of the Na- 
tional Convention of the successful party. But the force that 
keeps the mechanism of a party at work is public opinion, and 
the character of this opinion depends upon the quality of the 
work done by the several party conventions. 

The saying of Gladstone, that the Constitution of the 
United States is the most marvelous document ever struck off 
at a given moment by the brain of man, is erroneous in its 
common acceptation at least. Taken broadly, it is doubtless 
true, but analytically it is misleading. Clause after clause in 
verbatim language was copied from colonial charters, and 
ideas and phraseology were selected from English and Dutch 
precedents. As it was a growth, an evolution, so the student 
of the history of government knows that innovations are not 
suddenly injected into law whenever some one person may 



352 UNITED STATES 

desire them. By normal processes of progressive thought, by 
almost unconscious adaptation of mild improvements upon 
old ways, are new conditions recognized and means to meet 
them adopted. At last, so large is the progress, so definite 
the sum of the small and gradual betterments, that the people 
frankly agree to an open change in the organic law in order 
to comprehend and retain them. 

Constitutional Convention of 1787. — The historian John 
Fiske says that the members of this Convention contained 
among themselves a greater amount of political sagacity than 
had ever before been brought together within the walls of a 
single room. The best and wisest men in the country were 
present. Washington was chosen president of the Conven- 
tion. Among the ablest of the members were Benjamin 
Franklin, James Wilson, and Gouverneur Morris of Pennsyl- 
vania; Alexander Hamilton of New York; Oliver Ellsworth of 
Connecticut; Rufus King of Massachusetts; Charles C. 
Pinckney of South Carolina; and James Madison of 
Virginia. 

Organization of the Government in 1789. — The first task 
which came upon the Congress of the United States in 1789 
was the organization of the government. The fact that the 
organization to-day is essentially unchanged from that which 
was then established shows how well this work was done. 
Four of the executive departments were established: State, 
Treasury, War, and Justice. At the head of these depart- 
ments Washington placed respectively Thomas Jefferson, 
Alexander Hamilton, Henry Knox, and Edmund Randolph. 
John Jay was appointed Chief Justice of the Supreme Court. 
In this connection the historical order of the establishment 
of the executive departments has value in the study of 
civics. 




Am. Cit. — 2- 



353 



354 UNITED STATES 

QUESTIONS 

How many amendments have been made to the Constitution of the 
United States ? What is the nature of the first ten amendments ? 

What great and essential principles of liberty are set forth in the State 
constitution ? What form does the Bill of Rights take in the Constitution 
of the United States? 

Two of the twelve amendments originally proposed by Congress failed 
to receive the necessary ratification by three fourths of the States. As a 
topic for historical study, trace the history of other proposed or suggested 
amendments. 

What is a Bill of Rights? Has the State constitution a Bill of Rights? 
What, is the Bill of Rights in the Federal Constitution? 

Which of the amendments to the Constitution of the United States 
echo the phrases of Magna Charta? Of the Declaration of Independ- 
ence ? When were the first ten amendments- ratified ? 

May a man lawfully carry a revolver in his pocket ? Why ? 

Which amendment makes secure the existence of the State militia? 

What are some of the rights essential to civil liberty ? 

Name three or four of the important guarantees to an accused person. 
Why are so many provisions made in his behalf? 

Find in the Declaration of Independence an expression complaining 
of nonrepresentation in Parliament. 

Can you see how it came about that we have no state church ? 

How many of the reasons assigned in the preamble to the Federal 
Constitution for establishing this Government are general and how many 
are special ? 

How are persons made secure in their homes — that is, safeguarded 
against unreasonable searches? 

Which amendments set forth common-law rights? 

Give instances of private property taken for public use. 

What is meant by common law ? By equity? By statutory law? By 
international law ? 

What is the purpose of bail? Why is it regarded as an important 
element of liberty ? 

Discuss the topics, bail, and trial by jury. 

Which amendments deal with reserved rights? 

In what way is the punishment of crime restricted by the Constitution? 



THE AMENDMENTS 355 

What authority is given in the Federal Constitution for the acquisition 
of territory by the National Government? 

What does the Federal Constitution say about punishments? 

What important changes were effected by the Eleventh and Twelfth 
Amendments ? Give the respective dates when these amendments were 
passed. 

Which provision of the Federal Constitution prevents a citizen from 
suing a State without its consent? 

What remedy have the people against the setting aside by the Supreme 
Court of any law which the people want? 

What has been the uniform method of adopting amendments to the 
National Constitution? 

What amendments to the Federal Constitution grew out of the issues 
of the Civil War? State the substance of each of these amendments. 

How is the ratification and consequent validity of any proposed amend- 
ment made known? 

Give the main points in the recently proposed Sixteenth Amendment. 



CHAPTER XXXIII 

CIVICS AND HISTORY COORDINATED 

Current Events and Historical Data. — In the study of 
civics much advantage arises when the subject is coordinated 
with history and the proper consideration of current events. 
Many points of interest in such matters may be gleaned from 
the periodicals and newspapers of the day. The discussion 
of these points in the class room will add much to the interest 
which the pupils will take in the subject of practical civics. 
History is made and done in an essential sense; and civics is 
simply history in the making. In natural science, thanks to 
the teachings of Agassiz, we have learned to take the actual 
things and phenomena as the subjects of study. Why not 
adopt this method in civics? Let the bank note, the silver 
certificate, the gold certificate, the greenback, the metallic 
dollar be shown to the pupils, and the fact brought out that 
money is the sweat of somebody's brow; the right and title 
of somebody to the necessaries or to the luxuries of life, — 
not the mere creature of the whims of those who make the 
bank note or the metallic token. The boy and girl are in the 
midst of life now — they are citizens now. By the proper 
study of such living topics, they may have training in citizen- 
ship rather than for citizenship. Thus they may truly take 
their stand for law and order in the schoolroom. Order may 
at first be due to outward control; but afterward it must 
be due largely to inward ideal and inward purpose. 

356 



CIVICS AND HISTORY COORDINATED 357 

The topics in this chapter are treated in a manner similar 
to that of the regular newspaper articles and editorials on 
such subjects. They are here presented not only for their 
intrinsic value, but also as types of the work which may be 
done by the student in the civic laboratory. Each article is 
referred to the chapter or chapters with which it is most 
closely connected. 

The student should remember that all branches of study 
at some point touch the field of civics. Thus lessons in civics 
may be learned from: — 

Geography material resources. 

Arithmetic taxes and duties. 

Physiology preservation oj health. 

Ethics social morality. 

History constant coordination. 

Current Events daily news. 

President William Taft, speaking to the students in the 
University of Pennsylvania, said, concerning the influence of 
the press: "Its power of public instruction is very great. 
The close relation between journalism and politics, no one 
who has been even in the slightest degree familiar with the 
course of a popular government, can ignore." 

TOPICS 

The Right to Vote. — That the exercise of the suffrage is an 
obligation due to the state and to the community is a lesson that 
ought to be learned and taken to heart by every young American. 
In laying down certain requirements for voting, the constitutions 
have aimed at two things: first, to make citizenship responsible 
and serviceable, and second, to prevent the usurpation of the 
privileges of citizenship by unfit persons. Under the provisions of 



358 PENNSYLVANIA 

the United States Constitution, all persons born or naturalized in 
the United States and subject to the jurisdiction thereof, are 
citizens of the United States, and of the State wherein they reside. 
The right to vote is determined by the State authority. The visible 
purpose of these provisions is to limit the ballot to responsible 
members of society and to keep it out of the hands of vagabonds 
and persons having no interest in the common welfare. Thus the 
possession of the right of suffrage is made an honorable distinction 
and affords a foundation for good government. The citizen who 
pays his State or county tax and registers in due time is free to 
vote without interruption and his legal capacity to do so marks 
him as a normally good member of society, conscious of his duty 
as such. Neglect of that duty should and does operate to the 
prejudice of the delinquent. Chapter I. 

Rights of the Individual. — No more timely, solemn, or im- 
portant utterance has been given by any jurist in recent years 
than that of Supreme Court Justice Gaynor of the New York 
State Courts, in relation to the "mugging" of the Duffy boy. In 
this case the police kept the photograph of the boy in the "rogues' 
gallery," although he had not been convicted of crime. The judge 
is entitled to the gratitude of all lovers of free institutions for his 
brave words in behalf of constitutional rights for the weak and 
unfortunate. In many instances, persons in authority have thus 
violated the rights guaranteed to the individual by the Constitu- 
tion. There is no place in our system of government for an auto- 
crat. No official, however high, is above the law. He has no 
right or lawful power to do anything unless the laws permit him 
to do it, and then only in the manner and way which the law pre- 
scribes. That is our government. The opposite is despotism: 
for if an official sets himself above the law, he becomes a despot 
in an actual manner. Ch. I. 

Youth and Patriotism. — Of Lincoln's enlistment of 2,500,000 
soldiers, 2,000,000 were under the age of 21, 1,000,000 under the 
age of 18, and 100,000 under 15. Even in those stirring times 
when patriotism and high resolve were at the flood, no one re- 



CIVICS AND HISTORY COORDINATED 359 

sponded as "the boys" did; and the great soul who yearned over 
them, — who refused to shoot the sentinels who slept the sleep of 
childhood, — knew as no one else knew, the precious, glowing stuff 
out of which his army was made. 

There are millions of boys to-day who would respond as 
promptly and fulfill the same high purpose. "I am the spirit 
of Youth, with me all things are possible!" Ch. I. 

Liberty under Law. — President Butler of Columbia says : " Let 
us put a bounty on good citizenship by giving it great influence, by 
rendering it high honor, and by holding it in incomparable es- 
teem. Let these standards be set early in the home and in the 
school. Before all else keep the inspiring maxim, ' Liberty under 
Law' in the mind of every American child; and as he grows in 
power of appreciation, see that he understands what that maxim 
means and what it involves." Ch. I. 

Social Morality. — The right of the State to teach morals in the 
public schools, wholly or partly on the basis of Biblical ethics, is 
at bottom the right of self-preservation, because moral nations are 
those that live. Each State ought by statute to define its own 
right to instruct its public-school children in the fundamentals of 
social morality. This plan would not be vulnerable to any charge 
of infringing religious liberty, because it would stop short of 
touching religion — it would be limited strictly to the State's own 
undeniable self-interest. One great sentence in the famous Or- 
dinance of 1787, if enacted by any State, would alone be sufficient 
legal authority: " Religion, morality, and knowledge being neces- 
sary for good government, schools and the means of education 
shall be forever maintained." Without doubt the place for the 
State to set forth its moral requirements so as to impress most 
deeply the masses of its people is in the common school. It is not 
only the right, but the positive duty of the State to inculcate the 
social morality which covers justice and truth between man and 
man in the life here present and visible. Ch. I. 

Great Treaty with the Dela wares. — This treaty of peace and 
friendship was made under the open sky, by the side of the Dela- 



360 PENNSYLVANIA 

ware, with the sun and the river and the forest for witnesses. 
Voltaire says of this Shackamaxon treaty, made in 1682, that it 
was the only treaty between the whites and Indians that was 
neither sworn to nor broken. It is certain that the Indians were 
touched by the sacred doctrines of peace, and received the presents 
of Penn in sincerity and friendship. As they gave the belt of 
wampum they said: "We will live in love with .William Penn and 
his children, as long as the moon and the sun shall endure." 

Ch. II. 

Civic Pride. — The people of the Keystone State are not lacking 
in civic pride, nor in appreciation of the valorous deeds of Penn- 
sylvanians of this or the preceding generations. It is true that the 
State of Pennsylvania has done its full duty in commemorating the 
deeds of its heroes at Gettysburg, and it has not been lacking in 
doing honor to those of the earlier days. And the State has been 
generous in forwarding works of public import, in encouraging 
education and in charity and benevolence. 

None the less, the people of the Commonwealth should arouse 
themselves to a proper appreciation of their great history. It is 
not the State that has been remiss, but the people of the various 
sections. They have not, as New England has, glorified their 
heroes. They have not, as the people of New England have, 
erected monuments to tell the stranger within their gates, the glo- 
rious history of their ancestors. Pennsylvania's deeds are no less 
than those of any other State, but the people of Pennsylvania have 
been more modest in proclaiming them. Modesty is a virtue, in 
the individual, but lack of civic pride is not to be commended in 
the people as a body politic. Each section should do honor to its 
heroes, and take pride in letting the world know their virtues. It 
is not enough to appreciate our heroic history in our hearts, we 
should proclaim it unto the world. Ch. II. 

Jennie Wade at Gettysburg. — In that supreme struggle of 
brothers at Gettysburg the wheat fields with their wealth of golden 
grain were trampled and stained. One of the most noble and yet 
pathetic instances of life-sacrifice while attending to duty is com- 



CIVICS AND HISTORY COORDINATED 361 

memorated by the monument erected to Jennie Wade, the only 
woman killed in that battle. During the first two days of the con- 
flict she had carried water to the wounded Union soldiers near the 
house, and had helped in caring for the sick and wounded. On 
the third day, while molding loaves of bread in the kitchen, she 
was struck by a bullet and instantly killed. Ch. II. 

General Braddock's Grave. — Patriotic citizens of Fayette 
county have succeeded in raising $1,250 with which to purchase 
several acres of mountain land, in the center of which lie the re- 
mains of General Braddock, who was wounded in the battle of 
Braddock's field and carried back into the mountains, seven miles 
east of Uniontown, where he died and was buried. 

The resting place of the British general was originally marked 
by an oak tree, but this was broken off by a storm in 1868. A 
fence now surrounds the grave. 

Fayette county citizens subscribed money to purchase the 
ground, fearing that some day the relations of Braddock might 
attempt to remove the remains and erect over them a monument 
upon the scene of the famous battle in which the general was 
wounded. General Braddock may have used poor judgment ; the 
expedition he led against Fort Duquesne certainly was a failure. 
However, the general proved himself to be a man of remarkable 
courage and he displayed a spirit that amounted to heroism. 
Furthermore, the expedition was one of greater or less historical 
importance, and for these reasons the people of Fayette county are 
justified in commemorating with a monument the immediate 
events that terminated in the general's death. Doubtless there 
are other points that similarly might well be marked lest their 
historical significance be lost, and in order that they may be 
readily located. Ch. II. 

Perm's Principles of Government. — In all the history of the 
American colonies, Penn's was the broadest and best scheme of 
colonization. His two principles of government were: "First, to 
terrify evil-doers; secondly, to cherish those who do well, 1 know 
some say: ' Let us have good laws, and no matter for the men that 



362 PENNSYLVANIA 

execute them.' But let them consider that though good laws do 
well, good men do better." Ch. III. 

Government in the Coloni3S. — At the time of the Declaration 
of Independence there were three different kinds of government 
in the colonies. Rhode Island and Connecticut were true repub- 
lics. Pennsylvania, Delaware, and Maryland presented under 
the Proprietors the appearance of limited hereditary monarchies. 
New York, Virginia, and the other six colonies were practically 
vice-royalties, with the governors appointed by the king. But in 
all the colonies alike the people elected the Legislatures. 

Amid such variety of opinions and principles, all the political 
sagacity and good temper of the people was required to keep the 
country from a period of anarchy. The "Continental Congress" 
was a most remarkable body of men with which no other revolu- 
tionary body save the Long Parliament can be compared. 

Ch. III. 

Local Government has Developed around the School. — In 
the early days of Pennsylvania, the prevailing form of local gov- 
ernment was the county. When the township made its appear- 
ance as the natural agency by which the needs of the immediate 
locality might be met, the county was too strong to suffer encroach- 
ments upon its organization. It retained its board of county 
commissioners chosen by the people. The townships in our State 
do not conduct the business of the county through their represen- 
tatives as in New York. Nor do the voters in the townships hold 
annual town meetings and participate directly in the manage- 
ment of their local affairs. They choose their local officers bien- 
nially, but with the act of election their power ends. The town- 
ship in this State is a representative government. It has always 
been found to be an institution of great convenience, especially 
in relation to the public school. Local government in the South- 
ern States developed around the courthouse, and in the New Eng- 
land States around the church; but in Pennsylvania it has de- 
veloped around the school. Ch. IV. 

Local Assessors soon Begin Their Work. — "The regular ap- 



CIVICS AND HISTORY COORDINATED 363 

praisal of real estate in Butler county will be begun by the asses- 
sors in the various districts of the county in September. The 
assessors will fix the valuation of all real estate in the county. 

" The county commissioners are now getting ready for the asses- 
sors. The various books and blanks are being prepared, and, by 
the time the assessors are ready to go out, all details will be ar- 
ranged. 

"The assessors serve under special instructions based on the 
State law. This law is definite in the matter of fixing valuation, 
and declares plainly that property shall be assessed according to 
its market value. 

" It is possible that a meeting of the assessors will be called as 
was done before the last assessment, and a conference held as 
to the exact duties of assessors and the basis on which valuations 
shall be fixed." Butler, Pa., Aug. 19, 1909. Chs. V and VII. 

Local Officers and the Laws. — The proper way to make a good 
law better or to get rid of a bad one is to enforce it in letter 
and spirit. That is a most dangerous and unwarranted power 
which municipal and other local officials sometimes arrogate 
of deciding what laws should be enforced and when. Local 
sentiment has no right thus to express itself. Local officials 
should be under some sort of check and supervision against 
this tendency. 

It ought to be possible for even a small minority of citizens to 
bring before the courts or other high authorities any derelict local 
administrative official and, upon showing his refusal to enforce 
the laws, to have him removed from his position. 

The recent attitude of the mayor of one of our coast cities is a 
notable instance in which this power of modified recall might well 
have been invoked. Here local, and not at all the proper interests, 
inspired the mayor to overrule and nullify the law of the State. 
And wholly aside from the question whether a wide open Sunday 
is better or worse than the more restricted sort, is the matter of 
law enforcement. Ch. VI. 

" Clean Borough Day " in Wilkinsburg.— The Wilkinsburg 



364 PENNSYLVANIA 

civic league has published a map of the borough which shows in 
colors the location of every unsightly and unsanitary section. It is 
planned to have a "clean borough day" June 28, when owners 
of teams in the borough will be asked to donate their services. 
Streets will be cleaned, grass and weeds removed, and a general 
renovation effected. 

One of the problems confronting the council is the disposal of 
garbage, for which no satisfactory means now is employed. The 
general committee of the league having "clean borough day" in 
charge is composed of prominent citizens. 

The borough authorities have thus received that cooperation 
desired under similar circumstances by Mayor William Magee in 
his proclamation, calling on the citizens of Pittsburg to cooperate 
in making " Clean City Day," June 28, 1909, a success: — 

" To produce ideal conditions in governmental matters it is not 
enough to rely entirely upon the public service; some tasks are 
necessarily beyond absolute administrative control, and to obtain 
the greatest degree of success all the people should join in the 
work. The achievement of individual results is multiplied by the 
numbers participating." Ch. VI. 

Council Committee Approves Street Improvement. — The 
committee on bridges of city councils, Pittsburg, Pa., has af- 
firmed the ordinance for a contract to rebuild the middle pier 
of the South Twenty-second street bridge over the Monongahela 
river. 

A contract for a bridge in Meadow street, over Negley Run, 
was also affirmed, at a cost estimated at $65,000. Ch. VI. 

Our Civic Duty. — In an address recently delivered by Mayor 
Guthrie of Pittsburg he pointed out the duties that devolve upon 
the citizens and officials of that great community. " A city beau- 
tiful, in my eyes, is a city which is immune from disease and vice; 
a city where moral and intellectual education is cared for, and 
where young lives are not unnecessarily crushed; a city where we 
must work with a sense of the moral responsibility which rests 
upon us." Ch. VI. 



CIVICS AND HISTORY COORDINATED 365 

Congress as a City Council. — In so far as the National capital 
is concerned, Congress is the city council of Washington, D. C. 
An instance in point is shown in the recent approval by Congress 
of a bill authorizing universal street-car transfers in the capital 
city. Such bills are carefully prepared by the Commissioners of 
the District of Columbia; and are then submitted by the presi- 
dent of the board of commissioners, for enactment by Congress. 

Ch. VI. 

Of the Duty of the Prosecuting Attorney. — Speaking in words 
which made for liberty the world over, a great judge of this coun- 
try, one of the greatest in the English-speaking world, John Ban- 
nister Gibson, said: "The prosecuting attorney at the railing of 
the jury box stands not as the avenger of blood, not as a perse- 
cutor; but he stands for the rights of the accused as much as for 
the rights of the Commonwealth." Ch. VII. 

Commissioners Vote to Purchase Land. — The commissioners 
of Allegheny county have passed a resolution to purchase from the 
Schenley Farms Company a plot of ground 140 x 289 feet for 
$280,000. This plot is an addition to a lot of similar size bought 
by the preceding board of commissioners for the purpose of giv- 
ing the new Soldiers' Memorial Hall a Fifth avenue frontage. 

Ch. VII. 

Monument at Cold Harbor. — The General Assembly of Penn- 
sylvania, by Act approved June 13, 1907, provided for the erection 
by the State of Pennsylvania, upon the battlefield of Cold Harbor, 
Virginia, of a monument to commemorate the services of Penn- 
sylvania soldiers on that field. 

The Governor of Pennsylvania, in accordance with the pro- 
visions of the Act of Assembly, named Wednesday, October 20, 
1909, as the day on which the monument would be dedicated. 
The Cold Harbor Battlefield Commission in pursuance thereof, 
issued transportation to all surviving honorably discharged Penn- 
sylvania soldiers who were members of any of the sixteen regi- 
ments and batteries of Pennsylvania volunteers who took part in 
that battle. Thus the veterans were enabled to be present at the 



366 PENNSYLVANIA 

dedication of the monument, and allowed six days to visit Rich- 
mond and the several battlefields in that vicinity. 

Chs. IX and X. 

Will Place Names of Soldiers on Tablet. — The name of every 
Pennsylvania soldier who fought in the battle of Gettysburg is to 
be placed on the veterans' memorial soon to be erected there by 
the State. Bronze tablets will be placed around the base, and the 
names carved thereon. It is desired that these names be spelled 
correctly and that the name of no man who engaged in the battle 
be omitted. Ch. IX. 

Veto of the New Code. — The most important bill before the 
General Assembly at its recent session (1909) was the New 
School Code. Its enactment into law as it came from the Edu- 
cational Commission would have been greatly to the advantage 
of the school interests of Pennsylvania. But in the form in which 
it reached Governor Stuart, he felt it his duty to veto the measure. 
In the text of the veto he says: 

"The bill drafted by the Pennsylvania State Educational 
Commission and submitted to the Legislature was so changed by 
amendments during its passage through the Legislature, many of 
the best features of the original draft being eliminated, and 
numerous amendments made which destroyed the harmony of 
the bill by introducing many contradictory provisions, that it is 
more than doubtful whether an approval of the bill would be of 
any benefit to the State." 

A loyal educator in Pennsylvania compares the present school 
system to an old homestead, somewhat rambling in style of archi- 
tecture, but of great value, commodious, and comfortable. "If 
anybody thinks we have not a grand old family homestead that 
we thrive in and are proud of, he is sadly mistaken. But we know 
that it might be still more commodious and satisfactory." 

Chs. IX, X, XX, and XXI. 

State Should Stop River Pollution. — Of what use is it to spend 
millions of dollars installing filtration plants to purify the public 
water supply if a single business concern may be permitted to de- 



CIVICS AND HISTORY COORDINATED 367 

file the water at its source in a manner which leaves filtration 
without effect ? The pollution of the water supply is in no re- 
spect essential to the prosperity of either our mining or our man- 
ufacturing industries. Investigation will probably prove that to 
get rid of the waste in some other way is not only feasible but easy. 
It is the business of not only the State but the Federal Govern- 
ment to take measures for the public protection. The State 
board of health can certainly exercise jurisdiction, and there is 
surely some officer of the Federal Government — which has juris- 
diction over navigable streams — whose province it is to protect 
streams from pollution, even though interference with navigation 
is not involved. Both sets of authorities should work in harmony 
toward this end. Ch. XI. 

Our National Bonfires — Conservation of Forests. — An ordi- 
nance of William Penn, in the early days of the colony, required 
that one acre of land be left covered with trees for every five acres 
cleared. This wise measure was not followed, however, and there 
has been much needless destruction of the forests in past years. 
A strong sentiment has, however, been awakened in favor of forest 
preservation, and a State department of forestry was created by 
Act of Assembly in 1901. Since that time the State has been one 
of the most active and influential in its efforts in behalf of the 
conservation of the forests. Pennsylvania has a forest preserve 
of 700,000 acres. A forest renders service in many ways. Its 
highest usefulness is perhaps reached when it stands as a safe- 
guard against floods and winds, or especially against the dearth of 
water in streams. The people of the State of New York, through 
the constitution of 1895, forbid the felling, destruction, or re- 
moval of any trees from the State forest preserves in the Adiron- 
dack and Catskill woodlands. 

What can be done toward the protection of large areas of 
forested lands has been well established by the work of the Federal 
Forest Service on the National forests. These cover 185,000,000 
acres of public land, and they constitute about one fourth of the 
forested area of the United States. Fire is the most terrible of all 



368 PENNSYLVANIA 

the foes which attack the woodlands of the United States. Forest 
fires are due to many different causes. They are often kindled 
along railroads by sparks from the locomotives. Carelessness on 
the part of hunters, berry-pickers, and others is also responsible 
for many fires. The fire loss in the National forests in 1908 was 
about 110,000 acres, and according to that basis the entire loss 
in the United States should have been less than 450,000 acres. 
But in fact the actual area burned over exceeded 7,000,000 acres. 
What is needed in the matter of forest protection is a system of 
cooperation between the Federal and the State governments. 

Chs. XI and XXIV. 

Probation Court. — A name commonly applied to the juvenile 
court. By its action hundreds of dependent, delinquent, and in- 
corrigible children are taken off the streets each year. Many are 
taken from their parents and either placed in charge of relatives 
and friends, or sent to industrial or reform schools. The work 
of this court is philanthropic, and is supported at present by 
public-spirited citizens and various civic and social organizations. 
Men who have been instrumental in starting this movement be- 
lieve that these courts should be supported by the State. The 
success of the court cannot be disputed. Under the old order of 
things, children were dragged into court with other prisoners, and 
treated in much the same manner. The judges of the county 
courts sit in rotation, and decide what shall be done with the 
hundreds of children yearly brought before the court. A judge 
should be elected solely for the purpose of presiding over this 
court. It is strange that this excellent court still lacks a permanent 
fund for its maintenance. It should certainly be supported as an 
integral part of our system of justice. This valuable provision for 
dealing with juvenile offenders began with the Illinois Juvenile 
Court Act in 1899, and twenty-four other States have since 
enacted laws for placing juvenile offenders on probation. By 
this method many children are rescued from the paths of crime, 
and there is corresponding benefit to society. Ch. XIII. 

Law and Equity. — The distinction between law and equity is 



CIVICS AND HISTORY COORDINATED 369 

quite important. According to Alexander Hamilton, as expressed 
in The Federalist, the great and primary use of equity is to give 
relief in extraordinary cases which are exceptions to general rules. 
Thus, a court of equity can give relief against hard bargains. 
Such are all contracts in which, though there may have been no 
direct fraud or deceit sufficient to make them invalid in a court of 
law, yet some undue advantage may have been taken of the ne- 
cessities and misfortunes of one of the parties concerned, which a 
court of equity or natural justice would not tolerate. In Penn- 
sylvania there is no separate court of chancery — equity — but the 
common courts have equity jurisdiction. Chs. XIII and XXX. 

Quibbles and Technicalities. — Quibbles have no place in the 
search for truth. Sometimes, by means of some element peculiar 
to law or science, the truth may be evaded through artifice or some 
subtlety of argument. In the decision of appealed cases at law, 
there should be more equity and less dependence upon legal 
technicalities. Examples of injustice wrought by the judicial 
practice of letting mere technical errors outweigh the merits of a 
case are painfully frequent; so frequent, in fact, as to have be- 
come a reproach to our judicial system. It has been made alto- 
gether too easy for an appellant, who can command the services 
of expert legal quibblers as his counsel, to upset the honest action 
of judge and jury in the lower courts. In the hurry of business 
before these tribunals, errors are apt to be made. They may not 
be vital. They may be trifling verbal slips or lapses in the matter 
of formalities, which do not in any way affect the main offense. 
But when an appeal is taken, they count just as much as more 
important matters, and shrewd lawyers find them, under the 
present system, a most serviceable instrument. The abuse thus 
fostered is intolerable, and the public well-being requires that it 
should be effectively corrected, so as to insure that a verdict 
honestly found shall stand, and that it shall no longer be one of 
the functions of the legal tribunals to supply loopholes for the 
escape of the offenders. The demand for a decided reform in 
this matter of appeals can count upon the indorsement of every 
Am. Cit. — 24 



370 PENNSYLVANIA 

good citizen. The movement for a radical reform in the practice 
of the courts is rapidly gaining ground throughout the United 
States, and it is probable that a number of the State Legisla- 
tures now in session will pass laws to prevent the notorious mis- 
carriage of justice made possible under the present laws by an 
appeal to mere technicalities. Ch. XIII. 

Orphans' Court — The Probate Court. — This court examines 
the wills of deceased persons and decides whether they are made 
as wills by law should be made. In case a person dies without 
having made a will, and leaves no one to take charge of his estate, 
the court appoints an administrator to take charge of it. The 
business of the probate court is to see that the property of the 
dead falls into the rightful hands. When a child becomes an 
orphan, the probate court — called in Pennsylvania the orphans' 
court — will appoint a guardian to manage the estate until the child 
comes of age. Ch. XIII. 

Injunctions : Equity. — Courts of equity are designed to protect 
certain rights of person and property which the common law 
could not and did not protect. The law could punish a man for 
wrongdoing, and could require him to pay damages to those 
whom he had injured. But it could not anticipate a threatened 
injury and prohibit him from doing it. Sometimes the injury was 
one which could not be repaired, and often the wrongdoer had 
no means with which to pay for the damage he had done, so the 
law frequently left the injured party without redress. Thence 
arose the injunction, which is a restraining order issued by a 
court forbidding a man to do an act which will inflict injury upon 
his neighbor. The order can be enforced by fine and imprison- 
ment. 

Certain great principles of equity are: (i) He who seeks equity 
must do equity; (2) Equity suffers no wrong without a remedy; 

(3) Equity regards the substance and intent, not the form; and 

(4) Equality is equity. 

Popular demand has transformed occasional interferences with 
the law into a form and method of law; and the same courts have 



CIVICS AND HISTORY COORDINATED 371 

come to administer both law and equity, to be open to the suitor 
alike to recover damages for a wrong committed, and to prevent 
the consummation of a wrong threatened. An ounce of preven- 
tion is worth a pound of cure, and the injunction is one form of the 
power which the community exercises to prevent the perpetra- 
tion of injustice. Undoubtedly the courts ought to possess this 
power of prohibiting perpetration of an injurious and illegal act, 
but it is possible that the power which they possess is too absolute 
and unlimited. There are about one hundred Federal judges 
and many hundreds of State judges. Any of these judges, with a 
few possible exceptions under special State laws, may issue an 
order prohibiting any person within his jurisdiction from doing 
any act which the judge may think illegal and injurious. He may 
issue this order without giving the opposite party a hearing. He 
may bring before him the man suspected of disregarding the pro- 
hibition, try him, convict him, and sentence him to fine or im- 
prisonment, or both. Whatever the defense of the man may be, 
the judge who issued the order, and who is presumably prejudiced 
in favor of its legality and justice, hears and tries the man who 
is accused of violating it, and determines on his guilt or innocence, 
and decides on the penalty he must pay. There should be a limit 
placed upon the power of the courts to grant restraining orders. 
The power to prohibit and prevent wrongdoing should not be 
denied to the courts, but rather increased; but, on the other hand, 
the power ought not to be exercised without previous notice and 
hearing, save in very exceptional cases. Unlimited power to grant 
injunctions should not be given to all judges; and he who is ac- 
cused of disobeying such an order should be protected in his right 
to a fair trial before an unprejudiced tribunal. The English prac- 
tice requires a hearing of the restrained party's side of the case be- 
fore granting the restraining order. This was formerly the Ameri- 
can practice, and is said to be still required by an almost forgotten 
rule of the Supreme Court of the United States. 

Chs. XIII and XXX. 
Shall the People Vote Directly for the President?— The Elec- 



372 PENNSYLVANIA 

toral College has never been an independent body free to select a 
President and Vice President; for, though in theory the Electors 
have been vested with such powers, in practice they have no such 
practical power over elections, and have had none since their in- 
stitution. In every case the Elector has been an instrument 
bound to obey a particular command of his party, disobedience 
to which would be attended with infamy, and with every penalty 
which public indignation could inflict. From the beginning, 
Presidential Electors have stood pledged to vote for the candidate 
indicated by the public will. 

In 1825, an attempt was made to procure an amendment to 
the Constitution, so as to do away with all intermediate agencies 
and give the election to the direct vote of the people. In the 
Senate, an amendment was put forward providing for election 
by districts equal in number to the whole numbers of Senators 
and Representatives to which each State was entitled in 
Congress. The amendment did not receive the necessary 
support of two thirds of both the Senate and the House of 
Representatives. 

Since that time several attempts have been made to secure the 
election of President by direct vote, but without success. A 
failure of the popular vote to work its will usually leads to a re- 
vival of the discussion. Grover Cleveland, in 1884, was elected 
with a popular plurality of 62,683, and an Electoral vote of 219 
against 182 for James G. Blaine. But in 1888, although he had a 
plurality of 98,017 over Benjamin Harrison, Cleveland was de- 
feated, since his Electoral vote was only 168 against 233 for Har- 
rison. In 1892, Grover Cleveland was chosen with a plurality 
of 380,810, and an Electoral vote of 277 against 145 for Harrison 
and 22 for James B. Weaver. The size of the plurality does not 
influence the result. Samuel J. Tilden, with a plurality of 250,935, 
was declared defeated, the final count standing 184 Electoral votes 
to 185 votes for Rutherford B. Hayes. This last decision was 
made partly by the Electoral Commission appointed to deal with 
disputed returns; but, in so far as the popular voice is con- 



CIVICS AND HISTORY COORDINATED 373 

cerned, the plurality for Tilden was exceeded by that of but three 
Presidents previous to 1876, — Buchanan, Lincoln, and Grant. 

Chs. XV and XXVIII. 

Voters in Washington City. — Residents of Washington, D. C, 
do not vote for officials, National or municipal. The territorial 
form of government was abolished June 20, 1874, and a board 
of three regents authorized. On June 11, 1878, Congress created 
a permanent government by three commissioners to be named by 
the President and confirmed by the Senate as are other Federal 
officers. Each house of Congress has a committee on the District 
of Columbia, and Congress appropriates money and makes laws 
subject to veto, as do the councils of cities. The three commis- 
sioners are like department heads in a city. The ballot was ex- 
tinguished because the refugee negroes then, as they do now, 
constituted one third of the population, and in their ignorance, com- 
bined with grafting white politicians, they controlled the mayoralty 
of the old city. There has been much agitation from time to time 
for the restoration of the old voting privilege. The Federal Gov- 
ernment pays half of all city expenditures, which is not far wrong, 
considering the immense realty and public buildings owned. But 
both parties have primaries at which National delegates are 
named. The President appoints a register of deeds and other dis- 
trict officials; also, the members of the district courts, one judicial 
officer being virtually a police magistrate, although a United States 
judge. Ch. XV. 

Minority Representation. — This is the means whereby a mi- 
nority party is given place in the composition of a board which 
from its nature should be nonpartisan. It is sometimes known as 
proportional representation. The board of jury commissioners, 
and election boards are thus constituted. The lack of minority- 
representation in State and National affairs produces very grave 
results. Many of the political evils might have been prevented 
during recent years, had the people of the State been able to utilize 
the reasonable precaution of minority representation. It may 
also be pointed out that many corporate iniquities, to which 



374 PENNSYLVANIA 

legitimate business interests have been unjustly submitted, and 
from whose evil effects the country has been suffering, might have 
been wholly prevented had there been some effective minority 
representation on their boards of directors. Cumulative voting 
is in some degree a remedy for the evils of majority rule in corpo- 
rations; since the minority, by putting all its strength on a few 
candidates, can be practically certain of electing them. Under 
the plan of cumulative voting, as used in Illinois, each district 
elects three representatives in the Legislature, and each voter 
casts three votes for representatives, but may cast them all for 
one person. The device of the limited vote is used in Pennsyl- 
vania in the election of some county officers. No person may 
vote for more than two of the three commissioners. Ch. XV. 

Initiative and Referendum. — The method of enacting laws by 
a direct popular vote is called the Referendum, while the propos- 
ing of measures by the popular voice is called the Initiative. 
Within late years there has arisen a distrust of legislators, and 
the desire to secure for certain classes of laws a permanency that 
is not inherent in ordinary laws, which stand in constant danger 
of alteration or repeal. Massachusetts, in 1778, was the first 
State to refer its whole constitution to popular approval. Through- 
out the Union, it is now the practice to submit constitutional pro- 
visions to the popular vote. The first appearance of the political 
institutions or propositions known as Initiative and Referendum 
was in Switzerland about the sixteenth century. They have made 
great progress there in recent years, and are in effect in every canton 
except Freiberg. In nearly every State in the American Union — 
Delaware and South Carolina excepted — the initiative and refer- 
endum have been reproduced in some degree, and a tendency is 
everywhere shown to make all very important legislation de- 
pendent upon the direct popular vote. Besides the referendums 
of whole constitutions to popular approval, the referendum is 
practically employed whenever an amendment to the State con- 
stitution is submitted to popular vote; also whenever the people 
are permitted to decide the question of local option in the sale of 



CIVICS AND HISTORY COORDINATED 375 

liquor. It is not always possible to consult the whole people di- 
rectly in the formation of law; but, whenever such a measure is 
possible, the authority of the law is much augmented, the popular 
origin of the law contributing greatly to increase its power. There 
is amazing strength in the expression of the determination of a 
whole people. The great political writer, De Tocqueville, is cor- 
rect in his observation that "The cure for the evils of democracy 
is more democracy." Direct legislation — in the forms known as 
the initiative, the referendum, and proportional representation — 
is not only good for Switzerland, but would be even better for our 
own great Republic. Opponents of direct legislation claim that, 
while it might destroy the sinister influence of corrupt lobbies and 
political bosses, it would still be ineffective because the people 
could not and would not vote as discriminatingly as the legis- 
lators, and very few voters would take the trouble to investigate 
the merits of the questions involved. The result would be that 
they would not take the trouble to vote at all on the issues, or they 
would vote without discrimination. It is urged that the people 
seldom have sufficiently accurate knowledge to act intelligently 
upon legislative proposals. Almost all the matters of Federal 
legislation, — tariff, banking, regulation of commerce, appropria- 
tions, — are too complicated to be acted upon by the people at 
large. Though this may not be true to so great an extent of those 
matters which ordinarily come before our State Legislatures, yet, 
if the referendum were largely used, it is certain that the legislators 
would become less careful of the character of their acts and the 
people would place less importance upon the quality of their 
representatives sent to the Legislatures. The friends of the initia- 
tive and referendum are able to state that wherever practical and 
workable measures have been enacted, the good and practical 
results following have exceeded the most sanguine expectations 
of the supporters of popular and democratic government. It is 
undoubtedly true that the evils apparent in our Government are 
due to a defeat of democratic conditions, to the rise of a despotic 
and unrepublican government in which oppression and despotism 



376 PENNSYLVANIA 

appear under the guise of corporate or privileged wealth operat- 
ing through political bosses and money-controlled machines. If, 
however, the people were given the chance to right these wrongs 
by the means of direct legislation, they would take an intelligent 
interest in the affairs of government and would see to it that cor- 
ruption in public rule and plunder of the people should cease. 
Conservative naturally, they might move slowly, but the heart of 
the people is morally sound; and if the ignorant, who do not un- 
derstand the need or nature of such measures, refuse to vote, then 
they disfranchise themselves for the good of the government. 
The initiative and referendum become the practicable and work- 
able means of popular government. It is claimed by the friends of 
popular rule that, if the voters are once given the tools of popular 
government, they will instantly take their old-time enthusiastic 
interest in the government; and that city, State, and Nation will 
again become veritable schools for the study and practice of the 
principles of political economy. 

The Initiative, as will be seen, is either the right reserved by 
the people of a State to originate propositions to be enacted into 
law by the Legislature and ratified by the vote of the people, or 
that giving a number of voters in a community the right to cause 
an election to be held upon a permitted question — as whether 
liquor shall be sold in a town — and if the vote be in favor of a 
change (local option), then the new condition to obtain under a 
previously passed statute of the State Legislature. Direct legis- 
lation has found its greatest development in Oregon, South Da- 
kota, Nebraska, California, and Iowa. In its local aspect it has 
been called in to inaugurate many matters of varying interest, — 
location of county seats, live stock and fencing laws, high school 
laws, prohibition laws, and others. The provisions of the Act of 
Initiative and Referendum, which Oregon had adopted, enabled 
the friends of woman suffrage in 1906 to simply file a petition with 
the Secretary of State, calling for a vote upon a constitutional 
amendment without first appealing to the State Legislature. After 
a vigorous campaign, the official count showed a majority of 10,173 



CIVICS AND HISTORY COORDINATED 377 

against the amendment. The suffragists succeeded in bringing 
this question again before the people June 4, 1908. All doubt re- 
garding the sentiment which prevails in Oregon on the question 
of giving the ballot to women must be dispelled by the significant 
majority of 21,812. Only four counties out of thirty-three were 
carried by the suffragists. 

The initiative and referendum constitute a political force op- 
posed in action to the Legislature as the delegated authority of 
the people. Various labor and other parties have turned to the 
direct vote as a means of holding in their own hands a larger 
measure of the sovereign power which the people, under the older 
theories of government, had entirely delegated to their represen- 
tatives. The doctrine of the direct vote is given free rein in the 
new State of Oklahoma, and recent years have seen somewhat 
enlarged use of the referendum in several of the other Western 
States. At Portland, Oregon, the referendum was given a severe 
test recently, when a ballot sixteen inches by twenty-two inches, 
and containing thirty-five separate questions and the names of 
candidates for six offices was submitted. This would appear to 
be a misuse of the initiative and referendum, but the election 
seems to have been conducted with intelligence, and there was 
not the slightest suspicion of improper voting. Every substantial 
reform will abide, and reform will prevail because in the last 
analysis it pays. The principle of initiative and referendum 
is being extended. Kansas has just adopted it for the municipal 
charters. In six States it is in full operation for statutes and 
municipal laws, and in fourteen others it has a more limited ap- 
plication. Ch. XV. 

" The Recall." — This is a comparatively novel instrument in 
municipal government. According to the charters of a few cities, 
a new election must be ordered on petition of twenty-five per cent 
of the voters or of a division of the city directly interested in the 
official whose fitness is called in question. The city of Los Angeles, 
Cal., has forced the mayor out of office by the " recall" clause in its 
charter. Des Moines, la., and Berkeley, Cal., have this feature in 



378 PENNSYLVANIA 

their charters, and it has been incorporated in the draft of Chicago's 
new charter. With the power of recall in operation, the people 
will consent to longer terms for public officials and the expense of 
elections will be reduced. The principal argument against the 
adoption of the recall is that it may subject an official to the an- 
noyance of running for office over and over because of factious 
opposition to his policies. This might tend to diminish the cour- 
age of conscientious officials and make them timeservers. Reason 
and experience, however, lead to the conclusion that an un- 
just attack upon a worthy official would only increase his popu- 
larity with the fair-minded majority of the voters in city or ward. 
A radical innovation of New York law governing the relations of 
the great city and State gives the Governor power to remove bor- 
ough and city officials for cause. The official head of the borough 
of the Bronx was removed from office in 1909 on charges of mis- 
conduct and neglect of duty, which the Governor found sustained. 

This incident is likely to lead those who dislike the recall to 
view with favor this extension of gubernatorial power. It is cer- 
tain that a Governor would never exercise this authority except on 
extreme provocation, so jealous are the people of their local 
rights and liberties. 

Nevada and California have adopted the right of the people to 
recall their elected officers. Ch. XV. 

Thaddeus Stevens Nominated. — What cannot be said of any 
other man in history, can be said of Thaddeus Stevens. When 
he lay dead, he was, on the day following the arrival of his body, 
and within a few squares of his residence, unanimously renomi- 
nated for Congress. If more poetic and less practical sections had 
such a hero, hallowed by such an incident, both the name and the 
fact would travel down the ages in song and story. Ch. XVI. 

Party Principles. — In the political history of our country the 
centralizing and decentralizing forces have always been at work. 
The dividing line between the two great parties is the same to-day 
that it was in the time of Hamilton and Jefferson. The party of 
loose construction of the Constitution is the Republican party, 



CIVICS AND HISTORY COORDINATED 379 

descended from the Federalists. The Democratic party comes in 
unbroken succession from the party of Jefferson — the Democratic- 
Republican party — and is the party of strict construction. For 
the sake of control, parties will adapt their principles to the 
issues of the time. Both of these great parties have at various 
times advocated measures not in strict accordance with their his- 
toric principles; but in general, the characterization given above 
will be found to be correct. Ch. XVI. 

Direct Nominations. — Governor Hughes of New York has set 
forth on several occasions the benefits which would come with 
direct nominations by the people of candidates for elective offices. 
There is much truth in what he says about the evils of govern- 
ment by parties controlled by "machines." Examples have been 
many wherein party principles and the essentials of successful 
administration have been subordinated to necessities for political 
leaders. Party machinery, by manipulation, has been made to 
serve private interests. Party bosses are powerful, and are often 
selfish, ignorant, and in every way unworthy to exert the large 
influence they possess over public affairs. The Governor asserts 
that the plan of direct nominations cannot fail to prove a strong 
barrier against the efforts of those who seek, by determining the 
selection of candidates, to pervert administration to the service 
of privilege or to accord immunity to lawbreakers. 

Five States — Michigan, New Hampshire, Idaho, Nevada, and 
California — adopted in 1909 a mandatory system of direct 
nominations. 

Four States in 1909 extended the principle of direct nomina- 
tions for United States Senator. Twenty-five States had already 
taken this action. In Oregon, Nebraska, and Nevada there is 
practically direct election of Senators by the people. Ch. XVI. 

Single Tax. — The advocates of this most radical tax reform 
propose that all revenues, National, State, and local, shall be 
raised from a single tax imposed on land. This tax is laid upon 
land as such, and not upon the improvements upon the land. The 
abolition of all taxes upon industry and the products of industry is 



380 PENNSYLVANIA 

advocated; and in place thereof, the taking, by a single tax upon 
land values, of the annual rental value of all those various forms of 
natural opportunities embraced under the general term land. The 
ethical argument for the single tax in the form of economic rent 
rests upon the theory of natural rights. Since all men have equal 
right to life, and the use of land is essential to life, therefore all 
people have equal rights to the use of the land. When the exclu- 
sive possession of any particular piece of land acquires a value, 
that value rightfully belongs to all; because all have equal rights 
to the use of that superior land. For this reason the annual value 
should be taken as a single tax, and used to pay public expenses. 

Ch. XVII. 

Limitation of Corporations. — Whatever theory may prevail 
as to its desirability, increased National control and increased 
State regulation of corporations has come to stay. The solution 
of the problem as it is to-day lies in arriving at some working 
arrangement as to the delimitation of jurisdiction whereby two 
authorities may be made concurrent, supplementary, and non- 
conflicting. Perhaps the only logical way would be to place in 
the hands of the Federal Government larger power than it is now 
exercising in such matters. That is the only authority able to 
treat the subject in a broad and comprehensive way; and, because 
it is superior to the States, it can bring about the desired uni- 
formity and order out of the present confusion. The impression 
is growing among all who have given the subject deep study, that 
the laws at present are antagonistic to the progressive spirit of the 
age, and creative of serious disturbances in commerce and trade. 
It is almost generally admitted that the railroads should be al- 
lowed, within certain limitations, to associate and combine their 
facilities; not only because that would enable them to serve the 
country better and cheaper, but because it would aid them to 
eliminate all secret practices which find their origin and excuse in 
competition. Thus, in a powerful way, would be promoted that 
open and square dealing which the law enjoins. Ch. XVIII. 

Notice of Application for Charter. — The following is an ex- 



CIVICS AND HISTORY COORDINATED 381 

ample: — Notice is hereby given that an application will be made 
to the Governor of Pennsylvania on the first day of September, 
1909, by Julia B. Cann, John G. Cann, Leroy J. Cann, and 
Robert P. Cann under an Act of Assembly entitled "An act to 
provide for the incorporation of certain corporations," approved 
the 29th day of April, 1874, and the several supplements thereto, 
for the charter of an intended corporation, to be called "Cann 
Coal Company," the object of which is the mining of coal and 
making sale of same, with full power to do all and every other act 
lawful and necessary in prosecuting said business. The desig- 
nated place of business is Stoneboro, Mercer county, Pennsyl- 
vania. S. R. Mason, Solicitor. 

August 5, 1909. Ch. XVIII. 

School System of the United States. — The Federal Constitu- 
tion makes no provision for the establishment and maintenance of 
a school system by the National Government. The only function 
exercised by the Federal Government in regard to education is an 
advisory and instructive one, aside from the assistance given cer- 
tain agricultural colleges, and the Federal support of the educa- 
tion of children in Alaska. The Commissioner of Education has 
general charge of these matters. The duties of the office of ed- 
ucation are to collect statistics and facts showing the condition 
and progress of education in the several States and Terri- 
tories and to set forth such information respecting organization, 
management, and methods as shall aid in securing the efficiency 
of school systems and in otherwise promoting the cause of edu- 
cation. 

The education of Indian and Eskimo children of Alaska, to- 
gether with the education of white children in that Territory, is 
exclusively under the direction of the Commissioner of Education. 
Various funds arising from the revenues of that district are set 
aside for the purposes of education. The Commissioner also 
directs the operations of the reindeer establishments, where the 
natives are instructed in the care and management of the herds. 
The introduction of Siberian reindeer into Alaska was under- 



382 PENNSYLVANIA 

taken for the purpose of finding a substitute for the decreasing 
food supply of the natives. Ch. XXI. 

Railroad Accidents. — In general it is true that railroad acci- 
dents are comparatively few when the great total of individuals 
carried for longer or shorter distances is taken into account. This 
is a matter for gratification from the standpoint of railroad officials 
and patrons alike. Ch. XIX. 

For the Republic. — Curtis says, " Shall we spare any thought, 
any effort, any cost, to make the public school what we mean it to 
be, the corner stone of the ever loftier and more splendid structure 
of political liberty, and to impress upon the teacher, by our sym- 
pathy and care, the central truth of the school system, that the 
child is educated by the State, not that he may read and write 
only, but that the trained power and noble intelligence of the 
American citizen may tend constantly more and more to purify 
and perpetuate the American Republic." Ch. XX. 

Selections from Magna Charta. — No document in the history 
of any nation is more important than the Great Charter. The 
whole of the constitutional history of England is only one long 
commentary upon it. Wrung from an unwilling sovereign by 
the united action of nobles, clergy, and people, it embodies an 
admirable summary of the fundamentals of English government 
so far as they had matured by the early years of the thirteenth 
century. It was not an instrument, like the Constitution of the 
United States, providing for the creation of a new government. 
It contains almost nothing that was not old when the charter was 
granted. But it gathers up within a single document all the im- 
portant principles which had been recognized by the best of the 
English sovereigns, but which such kings as John had evaded in 
every way. King John was in no sense the author of the charter. 
The preliminary demands of the barons were worked over and 
discussed, and finally put in the form of the charter. It is a mis- 
take to think of John as "signing" the charter after the fashion 
of modern rulers. There is no evidence that he could write, and 
he agreed to the terms of the charter only by having his seal af- 



CIVICS AND HISTORY COORDINATED 383 

fixed to the document. There is no one original Magna Charta 
in existence. Duplicate copies of the document were made for 
distribution among the barons. Two of these are in the British 
Museum. Three important clauses are given below: — 

36. "Nothing from henceforth shall be given or taken for a 
writ of inquisition of life or limb, but it shall be granted freely, 
and not denied." 

This legal enactment had for its purpose the prevention of pro- 
longed imprisonment, without trial. A person accused of murder, 
for example, could not be set at liberty under bail, but he could 
apply for a writ de odio et atia — concerning hatred and malice — 
which directed the sheriff to make inquest by jury as to whether 
the accusation had been brought by reason of hatred and malice. 
If the jury decided that the accusation had been so brought, bail 
could be accepted until the time for regular trial. This process 
was very similar to the principle of habeas corpus. King John had 
been charging heavy fees for these "writs of inquisition of life 
and limb," as they are called in the Great Charter; but henceforth 
they were to be issued freely. 

39. "No freeman shall be taken or imprisoned, or disseised, or 
outlawed, or banished, or in any way destroyed, nor will we pass 
upon him, nor will we send upon him, unless by the lawful judg- 
ment of his peers, or by the law of the land." 

A person could not be dispossessed of his freehold rights, nor 
could he be declared out of the protection of the law, save by the 
regular courts. It is not to be understood that this clause implies 
jury trial in the modern sense. Jury trial was increasingly com- 
mon in the thirteenth century, but it was not directly guaranteed 
in the Great Charter. This is, however, properly regarded as one 
of the most important parts of the charter. It undertakes to 
prevent arbitrary imprisonment and to protect private property 
by laying down a fundamental principle of government which 
King John was constantly violating. The principle involved 
marks very clearly the line of distinction between a limited and an 
absolute monarchy. 



384 UNITED STATES 

40. "We will sell to no man, we will deny to no man, either 
justice or right." 

It is herein asserted that justice in the courts should be open to 
all, and without any payment of money to get judgment hastened 
or delayed. Extortions of this kind did not cease at the time 
Magna Charta was granted, but they became much less exorbitant 
and arbitrary. 

63. " .... It is also sworn, as well on our part as on the part 
of the barons, that all the things aforesaid shall be observed in 
good faith, and without evil duplicity. Given under our hand, 
in the presence of the witnesses above named, and many others, 
in the meadow called Runnymede, between Windsor and Staines, 
the 1 5th day of June, in the 17th year of our reign." [12 15] [Seal] 

Chs. XII, XXIII, and XXX. 

" All Men are Created Equal." — So wrote Thomas Jefferson, 
and so agreed with him the men who represented the protesting 
colonies. Such appeal to the sense of equal rights before God 
and the law is the most powerful that can in any way be addressed 
to the masses of any people. It is, indeed, the very essence of 
our American democracy that one man should have as large an 
opportunity as any other man to make the most of himself, and to 
come forward and achieve high standing in any calling to which 
he is inclined. To do this the bars of privilege have been thrown 
down, the suffrage is open to almost every man, any public office 
has been opened to any one who can persuade his fellow-voters 
or their representatives to select him. 

But equal opportunity to take part in making and enforcing 
the laws ; .s not in itself enough to insure the successful operation 
of democracy. It is equally important that all should be capable 
of such participation. If under any circumstances a class or race 
is unable, through any defects, to assert themselves beside other 
classes or races, and to command that share in conducting gov- 
ernment to which the laws entitle it, we recognize at once that 
democracy has broken down, and that, under the forms of de- 
mocracy, there has developed a class oligarchy or a race oligarchy. 



CIVICS AND HISTORY COORDINATED 385 

The two things essential for the preservation of the ideal govern- 
ment which the American people would reach are: equal oppor- 
tunities before the law; and then, equal ability of classes and races 
to use these opportunities. Absence of the first gives legal oli- 
garchy; absence of the second gives actual oligarchy disguised as 
democracy. 

In America, has arisen "a new nation, conceived in liberty, and 
dedicated to the proposition that all men are created free and 
equal." The attempt has been made to unite all races in one 
Commonwealth and one elective government. A single language 
became dominant from the times of the earliest permanent settle- 
ments, and all subsequent races and languages must adopt the 
established medium of communication. Mental community, or 
union in thought and action, is what unites mankind. If we can 
in any way be brought to think together, we can easily be induced 
to act together; and the medium of common thought and action 
is a common language. Through this noble instrument of the 
human mind all the powers of assimilation are focused upon the 
new generations. The public schools, the newspapers, the books, 
the political parties, and all the general agencies of universal ed- 
ucation, the railroads with their inducements to our unparalleled 
mobility of population, are all dependent upon our common 
language for their high efficiency. This direction of our energies 
toward mental assimilation rather than to the slower and more 
doubtful blood amalgamation forms the safeguard of the fate of 
our institutions. The instrument of a common language is at 
hand for conscious improvement through education and social 
environment. Chs. XXIII and XXXII. 

Counting a Quorum. — Previous to 1890, a favorite way of 
filibustering in the House was for the minority party to call for 
the yeas and nays on some motion, and then themselves refuse to 
vote. The majority party, thus left to vote alone, frequently 
through the absence of some of its members, could not show the 
majority necessary to constitute a quorum; and the house would 
be forced to adjourn from day to day. But in 1890, when 
Am. Cit. — 25 



386 UNITED STATES 

Thomas B. Reed was Speaker of the House of Representatives, 
the rules of the House were changed so as to provide that if a 
Representative was in the House, he was present and helped to 
form a quorum whether he answered to the roll call or not. If 
less than a majority answered to their names, the Speaker was to 
count all who were in the House to see whether or not a quorum 
was present. Although bitterly opposed in carrying out this rule, 
Speaker Reed's action in so doing was sustained by the Supreme 
Court, and the practice has ever since been followed. Ch. XXV. 

The Power of the Speaker. — When Henry Clay, at the age of 
thirty-four, was chosen Speaker of the House of Representatives 
in 1811, a new order of political energy came into action. Elo- 
quent, fervid, and full of zeal for American dignity and honor, he 
could have no feeling of colonialism or of inferiority to foreign 
powers. Clay organized the committees of the House on an ag- 
gressive basis, and the young and vigorous men of the party pre- 
pared for war. Clay was the first Speaker to make use of his 
position materially to influence legislation. He was the first of 
modern Speakers; for from his day the power of the Speaker's 
office has grown so strongly along the lines that he marked out, 
that it can now be justly called at least second in importance and 
power in the government. The natural leader of that time was 
Henry Clay; and that the place he was given from which to lead 
the country was the chair of the House of Representatives is a 
fact of great significance. One of the most interesting studies in 
the government of the United States is that contained in the ex- 
amination of the growth of the power of the Speaker. At the time 
of the framing of the Constitution, the official in mind was un- 
doubtedly simply a presiding officer charged with the direction 
of the course of procedure of the House of Representatives through 
an impartial administration of its rules. But in these later years 
he has become one of the strongest factors in determining the 
character of legislation. He signs all acts, resolutions, and other 
evidences of action of the House. As the presiding officer, he de- 
cides all points of order arising during the sessions of the House. 



CIVICS AND HISTORY COORDINATED 387 

The Speaker of the House, as is the case in the State Legislature, 
has exclusive power in the formation of the various committees 
of the House. The most important committees are the Com- 
mittee on Ways and Means, the Committee on Appropriations 
and the Committee on Rules. The coveted positions are either 
chairmanships of the various committees, or membership in these 
important committees. An effort was made in the special session 
of March 15, 1909, to amend the rules of the House and reduce 
the power of the Speaker, but it was only partially successful. 

Ch. XXV. 

Committee of Ways and Means. — This is the name given to 
the tax-proposing, revenue-raising committee of the House of Rep- 
resentatives. It is a very important committee, and its chairman 
is always a leading member of the majority party in the House. 
The business of raising money belongs to this committee, and it 
prepares and reports to the House all measures for that purpose. 
The Committee on Ways and Meanswdoes not, however, neces- 
sarily seek to adapt taxation to expenditures. The primary object 
of customs duties has for many years past been not the raising 
of money for revenue, but the protection of American indus- 
tries; the high tariff has brought in an income sometimes exceed- 
ing the needs of the government. The committee charged in gen- 
eral with the business of spending money is the Committee on 
Appropriations, but the direction of many fields of expenditure is 
given to various other committees. Ch. XXV. 

Impeachment of President Johnson. — The Committee on Re- 
construction submitted a report in the House of Representatives 
February 24, 1868, recommending the impeachment of Andrew 
Johnson, and it was adopted by a vote of 128 to 47. The Senate 
was notified, and articles of impeachment were prepared. The 
trial was begun in the Senate on March 5, 1868, and eleven ar- 
ticles of impeachment were presented to the Senate sitting as a 
High Court of Impeachment. Chief Justice Salmon P. Chase 
presided at the trial. The oath was administered to him by As- 
sociate Justice Nelson, and the Chief Justice then administered 



388 UNITED STATES 

it to the Senators. On May 16 the first vote was taken upon 
the eleventh article, with the result of 35 for "guilty" and 
19 for "not guilty." On May 26 a vote was taken on the 
second and third articles, with the same result as before. A mo- 
tion that the court adjourn sine die was then carried. Judgment 
of acquittal was then entered by the Chief Justice on the three 
articles voted upon. Five Republican Senators had declined to 
vote with their party, and but one vote was wanting of the two 
thirds majority required for conviction. Ch. XXV. 

Yeas and Nays. — This is a method of voting in which the clerk 
calls the roll, and records each man's vote after the name; as 
"yea," "nay," and in certain cases, "absent" or "not voting." 
The entering of the yeas and nays upon the Journal " puts a man 
on the record," and the public may know how the representatives 
voted on such questions. 

When a vetoed bill is put upon its passage, the Constitution 
expressly requires that the vote be taken by yeas and nays. The 
House of Representatives votes by ballot when it elects the Presi- 
dent. The Senate rules recognize no vote except by yeas and 
nays. Ch. XXV. 

Senatorial Courtesy. — This is a custom of the Senate through 
which an appointment made by the President is not confirmed 
unless approved by one or both of the Senators from the State 
most intimately concerned in the appointment. Unless the Sen- 
ator or Senators belong to the majority party in the Senate, this 
coercive action against the independence of the Chief Executive is 
not taken. The effect of this so-called "courtesy" is to add to the 
possible improper motives of the President, the danger of the 
equally improper motives of the Senate. 

Another custom of the Senate is that no vote is taken upon a 
motion as long as any Senator is ready to discuss it. This enables 
a small minority to prevent final action upon a measure by con- 
tinuing the debate and refusing to accede to a compromise for the 
purpose of reaching a vote upon the subject. Under this personal 
prerogative, a Senator during the closing hours of a session, may 



CIVICS AND HISTORY COORDINATED 389 

engage continuously in speaking upon a question until the hour 
of adjournment arrives, thereby preventing a vote upon the mea- 
sure to which he is opposed. The rule of cloture or closure, in use 
in the House of Representatives, a method by which debate is 
closed and a vote hastened, is open to the objection that it has 
often been used to force the passage of ill-digested laws, on which 
the Senate has exercised the valuable function of amendment or 
disapproval. Ch. XXV. 

Appointment of Senate Committees. — In the appointment of 
the standing committees, the Senate, unless otherwise ordered, 
appoints severally by ballot the chairman of each committee, and 
then, by one ballot, the other members necessary to complete the 
same. A majority of the whole number of votes given is necessary 
to a choice of a chairman of a standing committee, but a plurality 
of votes will elect the other members. All other committees are 
appointed by ballot, unless otherwise ordered, and a plurality 
of votes appoints. The presiding officer may be authorized by 
the Senate to fill vacancies in the committees. Ch. XXV. 

Pure Food Law. — After many years of desultory consideration 
of the subject, Congress has passed a pure food bill by a decisive 
vote. The bill makes it a misdemeanor to manufacture or sell 
adulterated or misbranded foods, drugs, medicines, or liquors in 
the District of Columbia, the Territories, and the insular posses- 
sions of the United States, and prohibits the shipment of such 
goods from one State to another, or to a foreign country. It also 
prohibits the receipt of such goods. Punishment by fine of five 
hundred dollars or by imprisonment for one year or both is pre- 
scribed. In the case of corporations, officials in charge are made 
responsible. The idea of the food laws is that men must deal 
honestly; that the thing they put upon the market shall be pure, 
unadulterated, and of just weight. There are interests arrayed 
against these laws, as there are against all laws that seek to over- 
throw selfishness in the interest of justice. Ch. XXVI. 

Trusts. — A trust is a combination of all the processes of a great 
industry, or all the producers of a certain article, in order to control 



39Q UNITED STATES 

the production and price of that article. The trust is usually a 
corporation chartered by one of the States. Such combinations 
are of comparatively modern growth, being the result of industrial 
conditions which have arisen within the half century. Various 
causes have led to their rise, such as the desire to decrease cost of 
production, the utilization of waste products in by-products, 
utilization of patents, economy in purchase of raw material, and 
the personal influence of promoters and financiers. From the 
standpoint of capital alone, the trust is almost an unmixed bene- 
fit; but if the power thus gained be not handled with care for pub- 
lic interests, the trust becomes a great evil. Congress does not 
interfere with a corporation so long as it carries on its business 
only in its own State; but if a trust wishes to monopolize the 
business in the whole country, and sends its products into other 
States and to foreign countries, the power of Congress to legislate 
in the matter becomes of great importance. Congress has for- 
bidden corporations whose products are a part of the interstate 
or foreign commerce to make any agreements suppressing com- 
petition and regulating the markets, but the growth of great cor- 
porations has largely defeated this limitation. The tendency 
within recent years has been to combat the evils of the trusts by 
investigation, and publication of contracts made and business 
transacted by them. One of the greatest perils connected with 
the development of trusts is the growth of monopoly. One great 
trust controls most of the iron mines and the steel manufacturing 
plants, and is allied with the strongest railroad systems. These 
enormous corporations are able to control absolutely the produc- 
tion of certain commodities, and thus remove them from the 
healthful influence of competition. As a result, they are able to 
charge excessive prices for the goods produced. In this way a 
matter of private concern has become one of great public interest, 
which the State and Federal authorities must regulate. 

Ch. XXVI. 
Hamilton's "Report on Public Credit." — Alexander Hamil- 
ton, the first Secretary of the Treasury, did more to shape the finan- 



CIVICS AND HISTORY COORDINATED 391 

cial policy of the Federal Government than any other man. He 
was a man of great genius, the intimate friend of Washington, and 
had the clearest vision of the principles upon which this Nation was 
to be founded. One of the strongest constructive forces in the 
cabinet of Washington, he established the public credit on a firm 
basis. His report on the " Public Credit" laid the corner stone 
of American finance under the Constitution. He was a construc- 
tive statesman, a deviser of successful measures, a framer of pub- 
lic policies rather than a popular orator or a leader of men. For 
this reason he has never, perhaps, held the high place in popular 
estimation to which his great services to this country entitled 
him. No man, except Washington or Lincoln, is more worthy 
of a statue in the National capital. Ch. XXVI. 

National Receipts and Expenditures. — The total receipts of 
the National Government for the year ending June 30, 1908, were 
$599,895,763. Of this amount $285,680,653 came from customs, 
and $250,714,008 from internal revenue. From the sales of pub- 
lic lands the income was $12,715,709, and from various other 
sources, $50,785,393. The total expenditures for the same year 
were $659,552,125. The excess of ordinary expenditures over 
the revenue was therefore $59,656,362. Postal receipts are 
not included, as they are all used in maintaining the postal 
service. The total receipts, excluding loans, from the be- 
ginning of the United States Government, 1789, to 1908 were 
$20,741,630,749. The total expenditures during the same period 
were $20,825,050,821. Ch. XXVI. 

Circulating Medium. — The money in circulation; coin, and 
notes and bills current for coin. The entire circulating medium 
of the United States amounts to more than $3,000,000,000, of 
which $2,772,956,455 is in circulation. The percentage of gold 
is 41.9 of the entire circulation. The Currency Act of 1900 re- 
quires that all United States money be kept at parity with the gold 
dollar. Ch. XXVI. 

Free Coinage. — Legal permission given all owners of bullion 
to bring it to the United States mints and have it coined into 



392 UNITED STATES 

dollars on payment of a certain sum for the cost of operation is 
called free coinage. The free coinage of gold is already allowed. 
Gold in bars or bricks is, for all practical purposes, as good as 
coin; and, in foreign trade, is more convenient to handle. But 
the free coinage of silver is not allowed; for the silver bullion is 
of less value, according to weight, than the silver dollar. That 
is, a silver dollar does not contain a dollar's worth of silver, as the 
gold dollar does of gold. The free coinage of silver would mean 
that all owners of silver bullion could bring it to the mints, and 
have it coined into standard dollars at the old ratio of weight and 
value, sixteen to one. Ch. XXVI. 

Silver: Demonetization: Gold Standard. — In 1873, Congress 
discontinued the free coinage of silver and established as the unit 
of value the gold dollar of the weight of 2*3.22 grains pure gold 
with one tenth of alloy to prevent abrasion. 

The demonetization cf silver was unpopular, and in 1878 Con- 
gress passed the " Bland- Allison Act," which required the Gov- 
ernment to buy not less than two million dollars' worth, and not 
more than four million dollars' worth of silver bullion each month, 
and coin it into silver dollars, these to be full legal tender. Un- 
der this Act much silver was bought, and during the twelve years 
in which the law was in force $378,166,793 in silver was coined. 
Of this sum $57,000,000 entered circulation as metallic silver 
dollars, but the remainder was held in the vaults of the Treasury 
and representative money in the form of silver certificates was 
issued in its place. 

The " Bland- Allison Act" was repealed in 1890, and the "Sher- 
man Act" was passed. This law required the Secretary of the 
Treasury to purchase 4,500,000 ounces of silver each month at 
market value, and to pay for the same with Treasury notes. Un- 
der this law $156,000,000 of Treasury notes were issued, 36,000,000 
silver dollars coined, and 168,000,000 ounces of silver purchased. 
The Treasury notes were legal tender and could be presented by 
the holder to the Secretary of the Treasury for redemption either 
in silver or gold at the discretion of that officer. In 1893 the 



CIVICS AND HISTORY COORDINATED 393 

purchasing clause of the "Sherman Act" was repealed, and the 
issue of Treasury notes ceased. In 1900 gold was made the 
standard unit of value. It is the declared policy of the Govern- 
ment to keep its silver dollars and silver certificates on a parity 
with gold. They are legal tender, and if presented for exchange 
would be redeemed dollar for dollar in gold. The coinage of gold 
is free, but gold bullion is the more convenient form for trans- 
portation in the course of the balance of trade. 

The demonetization of silver has been the cause of much 
political controversy. Gold monometallism prevails to-day. 
The advocates of bimetallism believe that the United States 
should permit free and unlimited coinage of both gold and silver 
at a ratio fixed by law. Ch. XXVI. 

Standards of Value. — The use of both gold and silver as money 
is highly advantageous, and almost indispensable; but, since the 
relative value of the two metals does not remain constant, the use of 
a double standard of value becomes impracticable. Each metal 
has its independent sources of supply, and value varies with the 
changes in supply. Whenever two kinds of money of different 
valuation are thrown into the trade of a country together, the 
cheaper money will drive out the dearer money. If the govern- 
ment comes in to adjust the relations of the two metals, such inter- 
ference disturbs the operations of trade. Were all commercial 
nations to adopt the double standard, an international congress 
would still be needed from time to time to adjust the relative values 
of the two metals. Ch. XXVI. 

Greenbacks. — This is the name given to legal tender notes of 
the United States first issued in 1862. They are so named because 
the devices on the backs, to prevent alterations and counterfeits, 
were printed in green ink. Like gold and silver dollars, they are 
legal tender for all private debts. At one time the total amount of 
greenbacks outstanding was $600,000,000. After the resumption 
of specie payments in 1878, a large number of the greenbacks were 
redeemed and permanently retired. When the amount had been 
reduced to $346,000,000, Congress passed an Act requiring that 



394 UNITED STATES 

thereafter any of the notes redeemed should be reissued. Green- 
backs are receivable for all debts and public dues, and are re- 
deemed in coin at the Treasury on demand. The Greenback party 
was a political organization which in 1876 demanded an increase 
in the amount of paper currency issued by the Government. This 
party developed considerable strength in the Western States. 
Eventually (1884) this party strongly advocated the issue of "fiat 
money," — that is, paper money issued by decree or "fiat" of the 
National Government. General Benjamin F. Butler, nominated 
for the Presidency on its platform, said: "I desire that the dollar 
so issued shall never be redeemed." He added that there is no 
more reason for the redemption of a paper dollar than for the re- 
demption of a yardstick or of a quart measure. Ch. XXVI. 

Gresham's Maxim. — Sir Thomas Gresham states the law that 
every inferior currency tends to expel the superior currency from a 
country. Issues of paper and depreciated silver cannot enlarge the 
money volume because they not only displace gold, but also cause 
an increase in the price of everything that money buys. There 
is, under such circumstances, no real increase of the money volume 
of the country, but only an apparent one. There are more dollars 
than before, but they are cheaper, since the individual dollar buys 
much less than before the inflation. Under such conditions the 
creditor loses, and so does the workingman unless his wages rise 
in the same ratio as do the prices. The safeguard against inflation 
is a currency based upon gold, or certificates representing deposits 
of gold. The ideal currency would be one containing nothing else. 
In all sound-money countries, the bank note is in course of becom- 
ing a simple gold certificate redeemable on demand. 

Ch. XXVI. 

National Bank Notes.— Any National bank may issue notes up 
to the amount of its capital stock, provided government bonds 
equal to the amount of the notes be deposited as security. In case 
the bank fails to pay its notes, the Treasurer of the United States 
will sell the bonds and make payment from the proceeds. The 
aggregate capital of the National banks, November 1, 1908, was 



CIVICS AND HISTORY COORDINATED 395 

$893,932,010. The notes in circulation at that date amounted to 
$643,202,001. The banks pay a government tax of one per cent 
annually upon the amount issued. The National bank note circu- 
lation is the largest single item in our paper currency. 

Ch. XXVI. 

Coinage of the United States. — The gold coinage of the country 
consists of double eagles ($20), eagles ($10), $5 pieces and $2.50 
pieces. Certificates are issued against gold held in the Treas- 
ury. The gold in circulation November 1, 1908, amounted to 
$610,060,562, and the gold certificates to $807,246,389. 

Our silver coinage consists mainly of one-dollar pieces each con- 
taining 412^ grains of silver of nine tenths fineness. These are 
receivable for all public dues, and are a legal tender to an un- 
limited amount. They may be exchanged for silver certificates. 
The number of silver dollars in circulation, either in the coins or 
their representative certificates, amounts to $540,000,000. 

The subsidiary silver coinage, consisting of half dollars, quarter 
dollars, and dimes, amounts to $133,000,000. These coins are 
legal tender to the amount of ten dollars. The Government will 
exchange them for paper money in sums of twenty dollars or 
multiples of the same. 

The minor coins, nickels and cents, are not legal tender for more 
than twenty-five cents; but these coins can be redeemed at the 
Treasury in sums or multiples of twenty dollars. Ch. XXVI. 

Rural Mail Carriers. — Rural prosperity has its shadow as well 
as its sunshine. The head of the Post Office Department is learn- 
ing this to his sorrow. Many of the rural carriers receive $900 
a year, but are not satisfied. And the rural carrier will insist on 
complaining about the roads. However, the rural mail delivery 
system has been a great factor making for good roads. As the 
Government does not require its rural carriers to traverse impassa- 
ble roads, there was some incentive to improve the condition of the 
rural highways, and once begun the work was worth carrying on 
for its own sake. The rural carrier has been of inestimable value 
to the rural public in many ways. The rural delivery and the ex- 



396 UNITED STATES 

tensions it has made to the postal facilities have done more than 
any other thing, except the telephone and telegraph, to promote 
intelligence in the country and to break down the isolation of 
country districts. Ch. XXVI. 

Postage Stamps. — The denominations of ordinary postage 
stamps now used by the Government range from one to six cents 
consecutively, and then go to eight, ten, thirteen, fifteen, and fifty 
cents; one dollar, two dollars, and five dollars. It will be observed 
that there are not many denominations to meet all the various 
weights of mail matter which come in for transportation, but 
there are enough. The thirteen-cent stamp was especially de- 
signed to meet the old registry fee of eight cents and the regulation 
postage of five cents on foreign mail matter, and thousands have 
been sold to persons living in this country who send regis- 
tered remittances to friends and relatives abroad. Many for- 
eigners within our limits even register their money orders. The 
thirteen-cent stamp is dark gray in color, and bears the vignette of 
the late President Benjamin Harrison. From time to time various 
exposition and special issues are made, and have an initial sale 
value according to their denominations. Stamps of the Colum- 
bian, Trans-Mississippi, Pan-American, Louisiana Purchase, and 
Jamestown series are no longer issued by the department, and they 
have been withdrawn from sale at post offices, although stamps of 
these series in the hands of the public, as well as all other ordinary 
postage issued by the United States since 1869, will remain good 
for postage indefinitely. Ch. XXVI. 

Postal Savings Banks. — This is the name given to a system of 
banking proposed to be carried on in connection with the Post 
Office Department. There is much to be said in favor of postal 
savings banks. They w r ould be of especial advantage to many 
foreigners who do not understand our institutions, and often fear 
the best banks. Indeed, many foreigners cannot discriminate. 
Many of them send their savings to Europe by international postal 
orders, and the money is used or deposited in Europe, rather than 
here. Postal banks could not, however, accept large deposits from 



CIVICS AND HISTORY COORDINATED 397 

single individuals; the deposit should be limited to $100, or cer- 
tainly not more than $500, from one depositor. Ch. XXVI. 

Library of Congress. — Among the libraries of the world the 
library at Washington ranks third. The annual report for 1907 
shows that the library had 1,433,848 books and pamphlets, and 
900,000 other articles. Among the recent additions is the Yudin 
library, a collection of works on Russia and Siberia of over 80,000 
volumes. A large collection of works on Japan, mainly in the 
Japanese language, has also been acquired. Special attention has 
been devoted to developing the collection of foreign documents. 
The expenses of the library, exclusive of $205,000 for printing and 
binding, aggregated $576,000. Ch. XXVI. 

Powers of Congress to Establish Certain Courts : Court of 
Claims. — The establishment of the Court of Claims by Act of Con- 
gress February 24, 1855, illustrates the creative power of the Legis- 
lative branch of the Government. The court originally consisted of 
three judges, appointed by the President, by consent of the 
Senate, to hold office during good behavior. Its jurisdiction ex- 
tends to all claims founded upon any act of Congress, on any regu- 
lation of any executive department, or any contract, expressed or 
implied, with the Government of the United States, and all claims 
which might be referred to it by either of the houses of Congress. 
In cases where the amount in controversy exceeds $3,000, an ap- 
peal may be taken to the Supreme Court of the United States at any 
time within ninety days after judgment has been rendered. Where 
the judgment or decree may affect a Constitutional question or 
furnish a precedent affecting a class of cases, the United States 
may take an appeal without regard to the amount in controversy. 
Claims must be filed within six years after the claim accrues, ex- 
cept in cases of disability. The court must hold one session annu- 
ally, commencing on the first Monday in October. By Act of 
March 3, 1863, the number of judges was increased to five, and a 
Chief Justice of the court chosen from the number. The jurisdic- 
tion was also somewhat extended. The court has served as a 
model for similar courts created in several commonwealths. Con- 



398 UNITED STATES 

gress often refers to this court, for decisions upon disputed facts, 
the claims of paymasters, quartermasters, and other disbursing 
officers, as well as other claimants where the grounds of relief are 
not free from doubt. Congress makes appropriations to pay the 
awards rendered by this court. Ch. XXVI. 

Relation of the United States to Immigration. — The thirteen 
colonies which asserted their independence and compelled Eng- 
land after a long war to recognize it, were chiefly populated by 
men of the English race, immigrants from England and the low- 
lands of Scotland. These people were in an overwhelming ma- 
jority in all the colonies, and especially in New England. Of 
kindred race with the predominant English were the strong, 
vigorous Dutch who founded the colony of New York. In the 
eighteenth century there was an emigration of Huguenots to the 
various colonies, and these men were of admirable quality. There 
was also a considerable immigration of Germans from the Palati- 
nate, and of Scotch-Irish from the north of Ireland. The Ger- 
mans and Scotch-Irish settled chiefly in Pennsylvania. Virginia, 
and North Carolina. They were robust men, and were a most 
worthy addition to the population. Speaking broadly, the thir- 
teen colonies at the time of the Revolution had an overwhelming 
majority of inhabitants who were English-speaking or who came 
from related stocks. These were the men who fought in the 
Revolution, and who adopted the Constitution. Our political 
institutions and our governments, State and National, were 
founded by and for these people and in accordance with their 
ideals and their traditions. They were a homogeneous people, 
and the institutions which they established were essentially their 
own, were thoroughly understood by them, and suited them in 
every respect. The soundness of the political system which they 
founded has been demonstrated by more than one hundred years 
of existence, and by the glorious record of the manner in which 
its perils have been triumphantly surmounted. 

But there have been many changes in the immigration. After 
the great famine in Ireland (1845-46), large numbers of immi- 



CIVICS AND HISTORY COORDINATED 399 

grants came to the United States from all parts of the island, but 
these people presented no difficulties of assimilation, and were a 
valuable addition to the population. Later came Germans and 
Scandinavians whose blending with the people of the United States 
was merely the reunion of kindred stocks. Then came French- 
Canadians, a valuable element, but these have been, in a broad 
sense, Americans for generations, and their coming to the United 
States was merely a movement of Americans from one part of 
America to another. 

But since 1890 there has been a great change in the proportion 
of the various nationalities emigrating from Europe to America. 
The growth in recent years in our immigration has been from 
Italy, Poland, Hungary, and Russia, from subjects of the Sultan, 
and is now extending to Asia Minor. With the exception of the 
Italians, these people have never been amalgamated with the 
races which have built up the United States. 

The only restrictive legislation in regard to immigration into 
the United States relates to Mongolians. All the rest of such 
legislation, although somewhat restrictive in effect, is purely se- 
lective in character. The criminal, the diseased, all laborers 
under contract, and all "assisted immigrants" are excluded. 
There is a growing and active demand for more restrictive leg- 
islation. 

Late reports give the total number of aliens admitted into the 
United States during 1907 as 1,285,349, while 13,064 aliens were 
rejected. Of those admitted, 1,100,771 ranged in age from 14 
years to 44 years, 138,344 were under 14 years old, while only 
46,234 were over 44 years of age. About thirty per cent of the 
total number could not read or write. Concerning the financial 
condition of the immigrants, 873,923 brought less than $50.00, 
while 107,502 showed more than that amount. The total amount 
brought into the country by immigrants was $25,599,893, an 
average of about $20.00 for each person. Ch. XXVI. 

Keeping the Nation's Gates. — Two recent official utterances 
concerning the regulation of immigration at New York are de- 



400 UNITED STATES 

serving of attention and will be regarded with approval by thought- 
ful men. The right and the duty of deporting objectionable aliens, 
even after they have been domiciled here for some time, are not 
to be denied or neglected. But the prior and superior rights and 
duties are those of strict scrutiny and inexorable rejection of unfit 
applicants for entrance to these shores. We are not unmindful 
of the fact that some benevolently disposed persons disapprove 
such exclusion, and urge that the gates of this nation should be 
opened freely to the poor and oppressed of all lands. But there 
is such a thing as carrying the idea of asylum too far. 

Ch. XXVI. 

Coolies Still Evade the Laws. — Chinese immigration has long 
been a subject presenting many difficulties to the Government and 
to Congress. In the early days, when there were no restrictions, 
tens of thousands of Celestials poured into the country, mostly 
remaining on the Pacific coast, although gradually going into 
almost all other sections, until the situation in California became 
practically intolerable and there was a cry for legislation which 
could not remain unheeded. 

In 1 88 1 a treaty was concluded with China, — the government 
of which has always asserted a desire to keep her coolie class at 
home, — which restricted but did not wholly prohibit the immigra- 
tion of laborers, and admitted teachers, students, merchants, and 
travelers. This was not satisfactory, and in 1884 the coming of 
Chinese laborers was absolutely suspended for ten years, the law 
being extended indefinitely in 1902. 

In order to prevent evasions, the law of 1893 defined Chi- 
nese laborers to be all skilled and unskilled manual laborers, 
miners, fishers, hucksters, peddlers, and laundrymen. A mer- 
chant was defined as a person who is engaged in buying and 
selling merchandise at a fixed place of business, and who does not 
engage in any kind of manual labor. All laborers who had been 
here prior to the passage of the law were compelled to take out 
certificates of identification, giving all physical peculiarities, and 
with a photograph of the applicant affixed. If any of these 



M— 



CIVICS AND HISTORY COORDINATED 401 

laborers desired to return to China and then come back to the 
United States, permission could be obtained only on the ground, 
which had to be established by sworn testimony, that he had a 
wife, minor child, or parent here, or property to the value of 
$1,000, or debts to the amount of $1,000 due him and pending 
settlement. 

Under these rigid regulations Chinese immigration has been 
restricted, so far as legal entries are concerned, to practically a 
minimum. For the year 1907 the total entries were 3,255, and 
there were deported, as coming under the excluded classes, the 
small number of 259. Of the entries nearly 1,000 were United 
States citizens, that is, Chinese born in this country; 765 were 
returning laborers, 733 returning merchants, the latter with their 
wives and families composing about one half of the total immi- 
gration. There were 122 students, 10 travelers, and 6 teachers. 
There is no doubt that very many of those entering as " American 
citizens" were not entitled to admission. 

Very many Chinese, knowing that they have not the necessary 
credentials to admit them at a port of entry, go to Canada or 
Mexico and get across the border. There are, on both the Cana- 
dian and Mexican borders, white men who engage in the business 
of smuggling Chinamen into the United States and in securing 
the testimony necessary to secure their admission if they are 
arrested. 

While the perpetration of frauds along the Canadian border 
has largely decreased within recent years because of the head tax 
of $500 imposed by the Dominion on all Chinese immigrants, 
many are being smuggled across from Mexico. Statistics show 
that more than 45,000 Chinamen have come to Mexico, 5,000 
during 1906, and yet in 1909 there were not over 15,000 Chinese 
in that republic. The only, and the legitimate, conclusion is that 
they have found their way across the boundary into the United 
States. It may be said in this connection that the same is true 
of the Japanese. About 8,000 Japanese entered Mexico in 1905 
and 1906, and yet in 1909 there were only about 2,000 there. An 
Am. Cit. — 26 



402 UNITED STATES 

inspector in the Bureau of Immigration, after thorough investiga- 
tion, reports that fully 15,000 aliens from Europe and Asia enter 
the United States annually from Mexico. Mention has been 
made of the certificates of identification which certain laborers 
resident in the United States must obtain from the Bureau of 
Immigration. Many of the possessors go to China without in- 
tention of returning to America. There they sell their certificates, 
receiving from $200 to $500 for them from intending immigrants, 
or those interested in getting them into this country. The photo- 
graph is carefully steamed off, the official seal marks ironed out, 
and another photograph substituted. There is such a general 
resemblance between Chinamen that only adepts can detect the 
difference in photographs; and this becomes very difficult when a 
number of years have elapsed since the pictures were taken. 
Strong magnifying glasses are an indispensable adjunct to every 
inspector's office, so that these alterations and falsifications of the 
certificates may be detected. Chinese immigration, prohibited 
as it is, presents many curious difficulties. Ch. XXVI. 

Great Naval Base at Pearl Harbor. — Pearl Harbor, Hawaii, is 
beyond question one of the best, if not the best, natural harbors in 
the world. It has a depth of water of over sixty feet and an area 
of over ten square miles, and is capable of floating the combined 
navies of the world. It is not only landlocked, but, by reason of 
the topography of the surrounding ground, ships lying in this 
harbor are out of view from the open sea. It is the only really 
good site for a naval base in the Pacific ocean, and is the recog- 
nized key to naval supremacy in those waters. Its equipment as 
an operating base is essential to the most successful operation of 
our fleets whether offensive or defensive. 

For over sixty-six years the United States Government has recog- 
nized the strategic importance of the Hawaiian Islands and the 
necessity of preventing their occupation by any other nation. In 
1842, President Tyler gave notice to all European nations that the 
United States would never consent to their occupying Hawaii or 
establishing any naval base there. This " Monroe doctrine of the 




Location of Pearl Harbor with Reference to other Ports 



403 



404 UNITED STATES 

Pacific" was reiterated by Daniel Webster, as Secretary of State, 
in 1 85 1, by William L. Marcy, by James G. Blaine, and by 
William McKinley. 

In 1898, this country, foreseeing that these islands might fall 
into the hands of an Oriental nation, annexed the Hawaiian 
Islands. This action was taken primarily because of the strategic 
value of the islands, and for the purpose of establishing a strong 
naval base at Pearl Harbor. This naval base is not designed 
simply to protect Hawaii; its main purpose is to form a buffer of 
defense for our whole Pacific coast, and to make possible our 
naval supremacy in that ocean. The equipment of Pearl Harbor 
is a matter of National prudence. It affords the least expensive 
way of defending our Pacific coast, and will be one of the strongest 
factors in the prevention of war with any power in the Orient. 
The question of a naval base in Hawaii is not comparable with 
the same problem elsewhere. Hawaii is both a permanent and 
organic part of our Nation, and a source of revenue also. The 
Federal Treasury receives over one million dollars annually from 
this source. Every consideration of National honor and policy 
demands that this great defensive outpost at Hawaii be made 
impregnable and equipped as a naval base at the earliest con- 
venient time. 

By a strange destiny, American feet have been placed in the 
Hawaiian Islands, in the Aleutian Islands, in Alaska, in Panama, 
in Samoa, in Guam, and in the Philippines. This great Nation, 
the one mighty nation of peace, now spreads out over the whole 
Pacific. The Hawaiian Islands form the center of a large circle 
whose radius is the distance from Honolulu to San Francisco. 
Shut out from these islands as a base, an enemy would be thrown 
back for supplies of fuel to distances of about 4,000 miles — an 
impediment to maritime operations almost prohibitive. It is 
rare that so important a factor in the defense of a sea frontier 
is concentrated in a single position, and this Nation must rise to 
its opportunity and make Pearl Harbor the greatest naval base 
in the world. Ch. XXVI. 



CIVICS AND HISTORY COORDINATED 405 

Army Officers and West Point. — One of the stock arguments 
for building up a military establishment in this country has been 
the example of England, Germany, France, and Russia. These 
powers have spent enormous sums for protection against each 
other, just as we are spending enormous sums for protection against 
everybody in general. And yet the net result has been to make 
all Europe a most timorous, as well as heavily armed camp. Some 
untoward event is likely to happen there at any moment, and pre- 
cipitate a general conflict, all through sheer nervousness or over- 
strained caution. Leaning on a bayonet is little more soothing or 
sustaining than on the traditional broken reed, while the bayonet 
costs much more. Still, however much one may regret the neces- 
sity for maintaining a standing army, and however much one may 
feel that it is safe to rely greatly on a volunteer army in times of 
greatest danger, it must be admitted that, under existing condi- 
tions, a body of trained land fighters is necessary for the National 
defense. In consequence, the whole people will take pride in the 
efficiency and high standing of that body and will be pleased to 
echo the sentiments of the Secretary of War when he presented 
diplomas to the West Point graduating class. The young men who 
learn the rudiments of soldiery in this National Academy are, in- 
deed, of the finest type of American men, both physically and 
mentally, and they will compare favorably with army officers 
reared and trained in any part of the world. Ch. XXVI. 

Flag Day in America. — While the expressed hopes of Civil War 
veterans, that Flag Day will come to be observed as generally as is 
Memorial Day, may not be fulfilled, the suggestion that Old Glory 
be prominently displayed on this occasion is surely worthy of gen- 
eral recognition. Every American should be inoculated with 
respect for the flag, not for the piece of bunting itself, but for what 
it symbolizes. There are never too many occasions on which the 
Stars and Stripes can be displayed appropriately. The suggestion, 
too, that the observance of Flag Day be carried over into Inde- 
pendence Day contains much of merit. The busy business world 
may not feel disposed to give pause on a special date for special 



406 UNITED STATES 

exercises commemorative of the birth of the flag. But the substitu- 
tion of such exercises for the inane, explosive fashion of celebrating 
the Fourth that is becoming so unpopular would be singularly ap- 
propriate. 

The American flag is a growth, rather than a creation, for as early 
as 1774 Captain Markoe, of the Philadelphia Light Horse, used 
a flag with a canton of 13 stripes, one for each of the colonies. In 
the latter part of 1775 Dr. Franklin and Messrs. Lynch and Harri- 
son were appointed to consider the subject of a National flag. The 
result of their conferences was a flag bearing the Union Jack, repre- 
senting the yet recognized sovereignty of England, with a field of 
13 stripes, alternate red and white, emblematic of the union of the 
colonies. The new striped flag was hoisted for the first time 
on January 2, 1776, over the camp at Cambridge, but after 
the Declaration of Independence, the Union Jack was dropped. 
Various other flags were used, both on land and sea, causing more 
or less confusion. Finally, the necessity of a strictly National flag 
being realized, the following resolution w T as adopted on June 14, 
1 77 7 , by the Continental Congress: 

"Resolved, That the flag of the United States be 13 stripes, 
alternate red and white; that the union be 13 stars, white, on a blue 
field, representing a new constellation." 

Paul Jones is said to have been the first to raise the new flag 
over a naval vessel, and it seems that the first use of the Stars and 
Stripes on land was at Fort Stanwix, where a hastily improvised 
flag was raised over some captured British colors on August 6, 
1777. The flag was used at the battle of the Brandy wine, and 
thereafter in all important engagements until the close of the war. 

On January 13, 1794, Vermont and Kentucky having been ad- 
mitted to the Union, Congress enacted "That from and after 
May 1, 1795, the flag of the United States be 15 stripes, alternate 
red and white; that the union be 15 stars, white in a blue field," 
the intention apparently being to add both a stripe and a star for 
each new state admitted. In 1818, however, the number of states 
having increased to 20, Congress enacted that the number of stripes 



CIVICS AND HISTORY COORDINATED 407 

be reduced to 13, to typify the original 13 states, that the number of 
stars be increased to 20, and that " on the admission of every new 
state into the Union one star he added to the union of the flag, and 
that such addition shall take effect on the Fourth of July next suc- 
ceeding such admission." That has been the rule governing the 
flag ever since, maintaining its graceful design and proportions. 

Ch. XXVI. 

Victory of Manila. — In the harbor of Manila, on the morning 
of May 1, 1898, one of the most remarkable naval victories in the 
history of the world was won by an American squadron under 
Commodore George Dewey, who was afterwards made Admiral 
of the navy. When war began between the United States and 
Spain, Commodore Dewey was at Hongkong, China, in com- 
mand of the Asiatic squadron. He was at once ordered to sail to 
the Philippines, and capture or destroy the Spanish fleet at Manila. 
As he sailed out of the bay at Hongkong, the signal sent out to 
the fleet was: " Keep cool and obey orders." 

A little before midnight on the 30th of April, the Olympia, as 
flagship, led the American vessels in single file past the forts at the 
entrance of the bay of Manila. All the lights on the vessels were 
hidden, and the ships passed on unseen by the Spaniards, until the 
soot in the smokestack of one of the vessels caught fire. The guns 
of the Spanish batteries were instantly turned upon the fleet, but no 
injury was done. 

As day broke on the morning of May 1, 1898, Dewey found the 
entire Spanish fleet drawn up under the protection of the Cavite 
batteries about nine miles from the city of Manila. Admiral Pa- 
tricio Montojo, one of the ablest Spanish officers, was in command. 
About five o'clock, the Olympia leading, the American fleet bore 
down upon the Spanish. Amid the muffled roar of submarine 
mines, exploded too hastily by the Spaniards, the American fleet 
passed on until the quiet command of Dewey to the captain of the 
Olympia came: " You may fire when ready, Gridley." Five times, 
in single file, the American fleet passed and repassed the Spanish 
vessels, pouring in deadly broadsides with the wonderful marks- 



408 UNITED STATES 

manship of the American gunners. At the end of two hours, nearly 
every ship of the Spanish fleet had either been sunk or set on fire. 

This victory led to the acquisition of the entire Philippine group 
of islands by the United States. These were the most important 
colonial possessions of Spain, form one of the largest groups in the 
world, and are so rich and beautiful that they are called the " Pearls 
of the Ocean." Ch. XXVI. 

" Fighting Bob." — At the climax of the brilliant scenes attend- 
ing the reception of the great fleet of battleships at San Francisco, 
May 9, 1908, Rear Admiral Robley D. Evans laid down his com- 
mand after forty-five years of loyal service. Entering the navy 
during the Civil War, he had his baptism of fire under Admiral 
Farragut and early proved his courage, being severely wounded in 
the attack on Fort Fisher. In 189 1 he was in command of the York- 
town in the harbor of Valparaiso, Chile, and by his courage and 
readiness he mastered a difficult situation and put an end to 
strained relations between Chile and the United States. In the 
war with Spain he was a conspicuous figure, taking part, as com- 
mander of the Iowa, in the destruction of Cervera's fleet and other- 
wise earning distinction. His promotion to the grade of Rear 
Admiral in 1901 was a fit reward for his services to his country. 

Admiral Evans has always been a favorite with the people, who 
love him for his dash and daring and his thoroughgoing Ameri- 
canism. His sobriquet of " Fighting Bob " is a better tribute to his 
worth than all that his biographers can say of him. He upheld 
nobly the American standard of patriotism and manly prowess, and 
he took with him into his retirement the admiration and the grati- 
tude of the Nation. Ch. XXVI. 

Powers Under the Constitution. — Chief Justice John Mar- 
shall has been called, by an eminent jurist, " a second author of the 
Constitution." This estimate of this greatest judge in our history 
was made, not simply because he was a great lawyer, but because 
he was a statesman of high order interpreting the Constitution in 
accord with the deepest needs and purposes of the Nation. Mar- 
shall has defined implied powers as those that are necessary to 



H 



CIVICS AND HISTORY COORDINATED 409 

carry into effect those that are expressly delegated or granted by the 
Constitution. Thomas Jefferson — strange as it may seem — gave 
the loose construction of the Constitution its broadest application 
in the purchase of Louisiana without authority specifically ex- 
pressed in the Constitution. When this vast extent of territory, 
800,000 square miles, fell to the new republic, perpetual union was 
assured. And the party of strict construction had done the act, and 
thus had committed itself to a broad interpretation of the Consti- 
tution and a liberal conception of the Nation's greatness and 
destiny. The right to annex territory was afterwards upheld by the 
Supreme Court. Daniel Webster, speaking words of praise of the 
military power of England, uttered a truth which is fast becoming 
applicable to the younger branch of the great English race: "A 
power which has dotted over the surface of the whole globe with 
her possessions and military posts; whose morning drumbeat, fol- 
lowing the sun and keeping company with the hours, circles the 
earth with one continuous and unbroken strain of the martial airs 
of England." Ch. XXVI. 

Suspension of Habeas Corpus. — In the summer of 1862, the 
opponents of the war took every advantage of the military dis- 
asters that came to the Federal arms, to discourage enlistments, 
to denounce the course of* the Government, to demand the cessa- 
tion of hostilities, and to thwart in many ways the success of the 
Union cause. The difficulties in the way of conviction for treason 
were so many that President Lincoln issued an order suspending 
the writ of habeas corpus. This was a sign of the desperate straits 
into which the Government was driven at that time. 

Ch. XXVII. 

Relations between the Executive and Legislative Branches 
of the Government. — During the administration of President 
Roosevelt a great number of legislative functions were under- 
taken by the Executive. In outlining new fields of National con- 
trol, in supplying Congress with data on the various topics recom- 
mended for its notice, and even in drafting new legislation, the 
precedents were all broken. Congress was restive and unwilling 



410 UNITED STATES 

under Executive pressure. There is always need of cooperation 
between these two branches of the National Government, especially 
in view of the exceptional seriousness which some questions in 
legislation have assumed. The fundamental question is whether 
the Executive should in future continue to originate legislation 
more freely than in times past. Ch. XXVIII. 

Electoral Count Act. — The excited and perilous contest over 
the disputed election of 1876 induced Congress to pass (1887) an 
Act which empowers each State, in case of controversy, to decide 
how its own vote stands; in case it fails to decide, the question 
then comes before Congress. The President of the Senate opens 
the Electoral certificates in the presence of both houses; he then 
hands them to the tellers, two from each house, who read them 
aloud and record the votes. If there is a dispute, the returns 
certified by the officially constituted State tribunal are accepted. 
In case of rival tribunals, the vote of the State is not counted un- 
less both Senate and House of Representatives separately agree 
to accept one of them as official. Ch. XXVIII. 

Senate and House Meet in Joint Session to Canvass Presi- 
dential Vote. — The two houses of Congress met in joint session 
in the hall of the House of Representatives at 1 p. m., February 10, 
1909, to count the Electoral votes. The result was the election 
of William H. Taft, of Ohio, and James S. Sherman, of New 
York, to be President and Vice President of the United States, 
respectively. 

Vice President Fairbanks, occupying a seat on the right of 
Speaker Cannon, presided. After announcing the purpose of the 
meeting, he unlocked the wooden boxes containing the Electoral 
votes, extracting and opening them in alphabetical order by 
States. 

As the votes of each State were opened, they were handed by 
the Vice President to the four tellers, Senators Burrows and 
Bailey and Representatives Haines and Russell, who proceeded 
to count them. 

The count concluded, the result was announced to the presid- 



CIVICS AND HISTORY COORDINATED 411 

ing officer, showing 321 Electoral votes for Taft and Sherman and 
162 votes for Bryan and Kern. The Vice President then inquired 
if there were any protest against the vote as announced, and, there 
being none, he formally announced the election of Taft and Sher- 
man. 

The joint session being ended, the members of the Senate re- 
turned to their hall for the regular transaction of business. 

Owing to the limited capacity of the hall of the House, few 
persons other than the "families and relatives of the members of 
the two houses were able to witness the ceremony. 

Ch. XXVIII. 

If the President-Elect Should Die. — There is a good deal of 
unnecessary worry over the matter of the Presidential succession 
and the contingency that would have to be met if a man should die 
between election and inauguration to that office. A current propo- 
sition to vest the temporary filling of the vacancy in Congress is 
not a good one for this reason, that under the present circum- 
stance and many others this would result in a man being chosen 
of a sort entirely different from the one the people have desig- 
nated. 

As long as the present Electoral College method of electing 
Presidents prevails it ought to be sufficient in such a contingency 
to provide for calling them back to elect another man, without 
benefit of nominating conventions. And if this form of electing be 
ultimately abandoned, the Executive in office might hold on with 
authority to exercise only the routine and absolutely necessary 
duties of the position until another successor, chosen at a special 
election ordered by Congress, could take the oath of office. The 
whole emergency process need not take very long. 

Any proposition to permit the House or the Senate, or both, to 
select the Executive in case of a vacancy is certain, if precedent 
be any guide, to be wholly out of harmony with popular desires. 

Ch. XXVIII. 

Powers of the President. — The President individually exercises 
greater influence than any other man in the country, and this 



4 I2 UNITED STATES 

unofficially as well as officially. President Roosevelt, unofficially, 
has been able to adjust formidable conflicts between capital and 
labor; to procure the adoption of a treaty of peace between Rus- 
sia and Japan, and thus end terrific warfare; to mold in a marked 
degree the morals and manners of the people, and otherwise to 
direct in many ways the destinies of nations. 

Officially the President is strong in the possession of the veto 
power, to overcome which a two-thirds vote of both houses is 
necessary. Moreover, he is capable of settling many great ques- 
tions without Senatorial advice or assistance, wielding a sort of 
independent executive authority which may be used either for 
constructive or for destructive purposes. In the establishment and 
enforcement of the Monroe Doctrine; in such cases as that 
wherein President Polk brought about a state of war with Mexico 
before the Legislative branch of the government was consulted; 
in Jefferson's purchase of Louisiana; in Cleveland's use of the 
military to suppress the Chicago riots; — there was a distinct ex- 
ercise of executive independence. The war powers of the Presi- 
dent, as exemplified by the consequences of Lincoln's act in 
freeing the slaves; the recognition of nations; the exercise of au- 
thority through the Cabinet; the absolutism of the Executive in 
diplomatic intercourse; the control exercised over the colonies, 
over the tariffs, over the Treasury and the National banking 
system, over the army and navy and the ports of the country, 
over the Federal Courts, over the public domains and the postal 
service; the right of issuing proclamations; the vast powers of ap- 
pointment — these and other attributes are proof that, be Con- 
gress constituted as it may, the personality of the President, his 
opinions and his designs, are of supreme importance, and that 
the selection of an unfit man for the Presidency would involve 
great danger to the Nation. Ch. XXVIII. 

Executive and Legislative Power. — In discussions relating to 
the Constitution it was objected that the Executive power is 
blended with the Legislative and can thus exercise undue influence. 
The President truly has an influence; but all such impulsive 



■ 



CIVICS AND HISTORY COORDINATED 413 

power can only be salutary, since he becomes the channel of com- 
munication between those who make and those who execute the 
laws. The Vice President is not truly an executive officer while 
the President is in discharge of his duty, and when he is called to 
the Presidency his direct legislative voice ceases. Ch. XXVIII. 

Monroe Doctrine. — This doctrine is based upon a declaration 
set forth in the annual message to Congress, December 2, 1823. 
The Spanish colonies in America having revolted, it was rumored 
that certain European powers— the Holy Alliance — contemplated 
interference, although the United States had acknowledged the 
independence of Mexico and the South American republics. The 
essential principle declares that the American continents are not 
to be considered as subjects for future colonization by any Euro- 
pean power. Also, that any effort to oppress the South American 
States or to control their destiny will be viewed as a manifestation 
of an unfriendly disposition toward the United States. The 
protest proved effectual. The Holy Allies did not meddle with 
South American affairs. This doctrine has ever since held a 
place in the diplomacy and in the political creed of the Nation. 
It is the National resolution to assert and maintain the leadership 
that nature and history have assigned to the United States on the 
Western Continent. It is in no sense a principle of international 
law, but the doctrine has developed from a benevolent will to 
oppose foreign aggression until now it has become a calm asser- 
tion of paramount interest. Hamilton foresaw it in the Fed- 
eralist when he wrote, "our situation prompts us to aim at an 
ascendant in American affairs." Ch. XXVIII. 

Democracy against Tradition. — There was practically but 
one issue in the Presidential campaign of 1828. It was a strife be- 
tween democracy and traditional policy. A change of 26,00c 
votes in Pennsylvania would have given John Quincy Adams the 
vote of this State, and the election. Andrew Jackson carried 
every Southern and Western State, and received 647,231 popular 
votes against 509,097 for Adams. "A new king had risen up over 
Egypt, which knew not Joseph." A positive and forceful char- 



414 UNITED STATES 

acter could alone win the admiration of the people of the growing, 
thriving, bustling, eager communities of the West. John Quincy 
Adams, though one of the best Presidents the country has ever 
seen, was not a popular one. A widespread notion prevailed that 
there was danger of the formation of an aristocracy, and it was 
believed that Jackson represented the people, and had been un- 
justly set aside when Adams was chosen by the House of Repre- 
sentatives four years before. Andrew Jackson was carried into 
office on a wave of popular enthusiasm. Ch. XXVIII. 

Spoils System. — This is the practice of regarding public offices 
and their emoluments as so much plunder to be given to active 
partisans by those who are chosen to the greater administrative 
offices. Although Andrew Jackson in 1829 really meant to carry 
out his task of reform and remove no man from office without 
sufficient reason, he succeeded only in demoralizing the public 
service, since he took the advice of unscrupulous men intent only 
upon their own selfish ends. The practice antedates the day of 
that great hater of corporate greed and private advantage from 
public office. Ch. XXVIII. 

That One-day President. — The assertion is sometimes made 
that on Sunday, March 4, 1849, Senator David Rice Atchison of 
Missouri, who was then President pro tempore of the Senate, was 
President of the United States, virtually for that day. He never 
was President virtually or otherwise. In 1793 Congress enacted 
that, in the event of no President or Vice President being ready 
to succeed, the office should devolve upon the President of the 
Senate, and next on the Speaker of the House of Representatives. 
This law was changed in 1886. Now Zachary Taylor and Mil- 
lard Fillmore were in Washington on March 4, 1849. It being 
Sunday, they permitted an interregnum to follow until the next 
day. Senator Atchison took no oath as President, and without 
taking such he could not exercise the office. Zachary Taylor 
could have taken the oath at any time after noon on March 4, 
1849. No pompous inauguration is demanded; nor, indeed, is 
the Chief Justice needed to administer the oath. Chester A. 



CIVICS AND HISTORY COORDINATED 415 

Arthur took the oath of office before State Judge Brady, in New 
York, at two o'clock in the morning. Theodore Roosevelt took 
the oath of office in Buffalo, before Judge Hazel of the United 
States Courts. 

At the psychological moment when the terms of office of 
Polk and Dallas expired, those of Taylor and Fillmore began, al- 
though the discharge of their duties awaited their taking the 
oath of office. The a virtuality" of Senator Atchison is vision- 
ary, unless by some sudden death the elected officials had been 
removed. 

Dual Executive. — A plan whereby the power which the South 
originally possessed might be restored through an amendment to 
the Constitution was put forth by Calhoun, — shortly before his 
death in 1850, — and provided for the election of one President from 
the free States and one from the slave States, thus forming a dual 
Executive. The consent of both was to be required to all Acts of 
Congress before such legislation could become laws. 

Ch. XXVIII. 

Chief Justice Marshall and President Jefferson. — During the 
trial of Aaron Burr for treason, there developed the spectacle of 
open antagonism between the President of the United States and 
the Chief Justice. This culminated in the issue by the Chief 
Justice to President Jefferson of a subpoena to appear and pro- 
duce certain papers. The President produced the papers, but 
refused to appear. Marshall received a large amount of criticism, 
but adhered to his interpretation of treason as defined in the Con- 
stitution, and the jury rendered a verdict of not guilty under the 
influence of the opinion of the Chief Justice on the law in the case. 
Burr, however, disappeared from public view; and died in pov- 
erty and neglect in 1836. Ch. XXVIII. 

The Japanese Treaty. — The Arbitration Treaty between the 
United States and Japan which was signed on May 5, 1908, by 
Secretary Root and Baron Kogoro Takahira, the Japanese am- 
bassador to this country, is the product of no special conditions 
but has been drawn in simple obedience to an agreement entered 



41 6 UNITED STATES 

into by the powers at The Hague Peace Conference. The purport 
of this was that whatever disputes among the nations are found 
suitable for arbitration they should be adjusted in this way. 
Treaties to this end have already been negotiated by our govern- 
ment with several foreign powers, and the extension of the same 
civility to Japan occurred naturally and necessarily. No possible 
compromise of rights that need to be conserved is involved. More- 
over, the treaty is but for a short period. Unless there is a re- 
newal, it will be in force only five years. 

Memorial Day at Kingston, N. Y., 1908. — It will be profitable 
for school teachers to recall for the benefit of their pupils the 
career of George Clinton, who was Vice President under Jefferson 
and Madison. His body, exhumed from the Congressional cem- 
etery at Washington, was reinterred on Memorial Day at Kings- 
ton, N. Y., the old capital. His Revolutionary service will serve 
to stir the patriotic young mind, and his casting vote against re- 
newing the charter of the United States bank was the prelude of 
an exciting chapter in history. Theodore Roosevelt, as Vice Presi- 
dent, decided a tie vote and gave the country its present policy 
as to the Philippines and other insular possessions. 

Ch. XXVIII. 

The Chicago Strike. — The employees of the Pullman Car Com- 
pany of Chicago began, May n, 1894, a strike which presently 
became a very formidable affair. With their sympathizers they 
mustered in dangerous numbers, and began efforts to prevent 
the use of Pullman cars by any of the railroads running out of 
Chicago. Their violence seemed about to stop all traffic on the 
roads, but President Cleveland intervened and gave the country 
a touch of his quality as an executive officer. Neither Governor 
Altgeld nor the Federal Courts had acted or asked for assistance 
in their various functions. But the President took the initiative 
deliberately and assumed all responsibility, on the ground that 
the strikers were preventing the mail service and the course of 
interstate commerce. The carrying of the mails and the protec- 
tion of the commerce between the States were indisputable duties 



CIVICS AND HISTORY COORDINATED 417 

of the Federal Government. United States troops were ordered 
to the points of disturbance, and a proclamation was issued which 
practically declared the disturbed regions in a state of insurrec- 
tion, and threatened severe action against all rioters as against 
public enemies. Order was restored, and the law prevailed. 

Ch. XXVIII. 

Strikes and Lockouts. — The Constitution of the United States 
is silent upon the subject of labor; all such problems must be 
solved by the State. In like manner, the earlier State constitutions 
contain nothing about labor, because there were then no great 
labor organizations nor labor problems. But, in recent years, 
clauses pertaining to labor have been introduced into some of the 
constitutions. Wyoming declares: "The rights of labor shall 
have just protection through law calculated to secure to the la- 
borer proper rewards for his service and to promote the industrial 
welfare of the State." Idaho and California forbid the employ- 
ment of Chinese laborers upon public works, State or municipal. 
North Dakota declares that every citizen shall be free to obtain 
employment wherever possible, and forbids black lists between 
corporations. The constitution of Louisiana forbids the passage 
of any law fixing the wages of manual labor. Several States have 
attempted to protect trades unions by making it a misdemeanor 
to discharge an employee for belonging to a labor organization. 
However, statutes which interfere with the freedom of contract 
will not receive the support of public opinion. But the Supreme 
Court of the United States has decided that the law enacted in 
Utah, where the statute forbids men from working more than 
eight hours per day in the mines, is constitutional, although it 
practically denies freedom of contract; the ground of the decision 
being the fact that working in mines is a matter that properly 
comes under the police power of the State. 

In the warfare between capital and labor, the chief weapons of 

the employer are the black list and the lockout; while those of the 

employees are the strike and the boycott. Society feels severely the 

results of industrial war. All parts of the country and classes of 
Am. Cit. — 27 



418 UNITED STATES 

society suffer keenly whenever a strike is declared. Many of the 
States have established boards of arbitration, before which the dis- 
putes of employers and employees may be settled. Boards of 
arbitration, however, must depend upon the power of public opin- 
ion to give their decisions weight, for in no State is there compul- 
sory arbitration. Men must be protected in their right to remain 
out of a union when they choose to assert that right. There can 
be no freedom if any organization outside of the Government itself 
can enforce its rules upon an individual. Government, and Gov- 
ernment only, can coerce an American citizen. Ch. XXVIII. 

Inauguration Day. — At the time of the adoption of the Federal 
Constitution, the first Wednesday in March was set as the time 
for commencing operations under the new government. This 
day happened in 1789 to fall on the fourth of the month, and hence 
was it that three years later Congress decreed that each Presi- 
dential term shall begin on the fourth of March next following the 
day on which the votes of the Electors are counted. In accord- 
ance with this law our Presidents have ever since, with eight ex- 
ceptions, been sworn into office at noon on the fourth day of March. 
Five times the Vice President has succeeded to the office on the 
death of the President. Three times has the day named by Con- 
gress fallen on Sunday, and the oath of office has been taken on 
the fifth of March. The first of these occasions was in 1821; the 
second in 1849; and the third in 1877. 

The formal inauguration of the President on the fourth day of 
March is the outward and visible sign that the people have de- 
cided to whom they will intrust the government for the four years 
following the inauguration. It is the fitting ceremony which 
marks the arrival of the incoming President at the threshold of 
his term of office. Like most forms and ceremonies of the larger 
sort, this one is symbolic and has its deeper meaning. It is not 
merely the induction of a man into office; it is the formal act by 
which a President and his party are clothed with all the power 
conferred by the Constitution upon the National Government. 
They bring with them their policies and principles, and the 



CIVICS AND HISTORY COORDINATED 419 

moment of their advent is always a fit one in which to consider 
just what the inauguration ceremony signifies in its larger aspect. 

Ch. XXVIII. 

New Star in the Flag. — Washington, D. C, November 16, 
1907. — "A new star was added to the American flag to-day by 
the formal admission into the Union of the State of Oklahoma. 
President Roosevelt at 10:16 o'clock this morning signed the 
proclamation admitting the Territories of Oklahoma and Indian 
Territory jointly as the forty-sixth State of the Union." The new 
star was not actually added to the flag until July 4, 1908. 

In appending his signature to the proclamation, the President 
used a pen formed from a quill plucked from the wing of an Amer- 
ican eagle. The pen has been deposited with the Historical So- 
ciety of the new State. 

The proclamation contains a preamble, reciting, in a number 
of "whereases" that Congress prescribed certain conditions for 
the joint statehood of Oklahoma and Indian Territory; that such 
conditions have been fulfilled, and that it appears that the govern- 
ment of the proposed State is republican in form, and in accord- 
ance with the Constitution of the United States and the Declara- 
tion of Independence. The proclamation then says: 

"Therefore, I, Theodore Roosevelt, President of the United 
States of America, do, in accordance with the provisions of the 
said Act of Congress of June 16, 1906, declare and announce that 
the result of said election, wherein the constitution formed as 
aforesaid was submitted to the people of the proposed State of 
Oklahoma for ratification or rejection, was that the said con- 
stitution was ratified, together with a provision for State- wide 
prohibition, separately submitted at the said election, and that 
the State of Oklahoma is to be deemed admitted by Congress into 
the Union, under and by virtue of said Act, on an equal footing 
with the original States." 

The State of Oklahoma has an area of 70,057 square miles, and 
1,500,000 inhabitants. The area is greater than that of New 
England. The population is six times as great and the wealth 



420 UNITED STATES 

fifty times that claimed by any other new State at the time of ad- 
mission into the Union. The State has 6,000 miles of railroad 
within its borders. Oklahoma city, the largest town, had 45,000 
inhabitants, when it was only fifteen years old. 

Chs. XXVIII and XXXI. 
Salaries of Federal Officers. — The salaries of the principal 
officers of the Federal Government are: 

President $75,000 

Vice President 12,000 

Cabinet 12,000 

Chief Justice of the Supreme Court 13,000 

Associate Justices of Supreme Court 1 2,500 

Judges of Circuit Courts 7 ,000 

Judges of District Courts 6,000 

Speaker of the House 12,000 

Representatives 7, 500 

Senators 7,500 

Foreign Ministers and Ambassadors $10,000 to 17,500 

Heads of Bureaus and Divisions $3,000 to 6,000 

Lieutenant General 11,000 

Major Generals 7, 500 

Brigadier Generals 5,5°° 

Colonels 3,5°° 

Admiral 13,500 

Rear Admirals $5,500 to 7,500 

Captains in Navy 3,5°° 

Chs. XXVIII and XXIX. 
Should Cabinet Officers Have Seats in Congress? — A single 
clause in the Constitution of the United States implies, but does 
not actually designate, the Cabinet. The President (M l ) is em- 
powered to "require the opinion in writing of the principal officer 
of each of the executive departments upon any of the subjects 
relating to the duties of their respective offices." In many re- 
spects the Cabinet is simply a board of heads of departments. 
The powers of Cabinet officers in the United States are extremely 



CIVICS AND HISTORY COORDINATED 421 

restricted. The Cabinet owes its existence to the fact that it is 
physically impossible for the President to attend to all the details 
of the Executive Department. The Cabinet officers act for him, 
and are responsible to him alone. They may give him advice, 
and therefore the President should see that his advisers are men 
whose opinions are worth having. He, however, is not bound to 
follow their advice, nor need he ask it on all occasions. 

It has been said by many that the Cabinet officers should be 
much more than mere registers of the Executive, and that the 
efficiency of the Government would be much increased were the 
members of the Cabinet given seats in Congress. In the opinion 
of such commentators, the power of Cabinet officers is too re- 
stricted. The unity of government can best be secured by al- 
lowing members of the Cabinet to introduce bills, take part in 
debates — if not to vote, and they should be allowed, as in England, 
to make an appeal to the people in questions of great importance. 
In the constitution adopted by the Confederate States during the 
Civil War, Congress was authorized to grant seats upon its floor 
and the right to debate upon all public measures to the heads of 
the several executive departments, in order that the Legislative 
body and the Executive might act in closer harmony and easier 
cooperation than had been possible in the Federal Union. 

But there was to be no time of peace in which a test of this new 
provision could be made. The Confederate Executive stood su- 
preme at the front of action while a war for the very existence of 
the Confederacy lasted. Any nice balance of constitutional ad- 
justment was out of the question. Constitutional safeguards gave 
way to the mere problem of making the existence of the govern- 
ment good upon the battlefield. The day may come when it may 
be recognized that these men, who had perceived this inconven- 
ience of the Federal system, were correct in their criticism, and 
the attempt will again be made to make the Government more 
efficient by giving seats in Congress to the members of the Cabinet. 

Ch. XXIX. 

Merit System in the Consular Service.— The question of the 



422 UNITED STATES 

improvement of the diplomatic service abroad deserves careful 
and systematic consideration. It cannot be said that the consular 
service has been neglected during late years, for many material 
reforms have been instituted. Consular appointments are no 
longer regarded as political rewards to be handed over to persons 
unfitted by education, training, and habits of life for the duties 
intrusted to them. The merit system has been instituted, and 
provides a fairly effective test for persons desiring to enter the 
service. At the same time much still remains to be done in order 
to raise the character of the service, and to render it attractive 
to competent men. Proper legislation should place the service 
on a par with the army and navy as regards the permanence of 
positions and the conditions under which they are to be obtained. 
Mere transients assuming consular positions make poor officials. 
The service must be made worth while, and must afford oppor- 
tunities such as are offered by the professions. Then there will be 
no difficulty in securing the right kind of men to represent this 
country, and care for our commercial and other interests the 
world over. Ch. XXIX. 

Prestige and Consulates. — In the Orient, the relative impor- 
tance of a foreign nation popularly rests and depends upon the 
dignity surrounding the offices and residences of its official rep- 
resentatives. In places like Shanghai, China, it is essential that 
suitable buildings for the consular, judicial, postal, and other 
services be maintained. Where we must have courts, jails, post 
offices, and other things incident to a regular government estab- 
lishment, it is essential that they be adequately maintained, or the 
prestige of the Nation will suffer. Its importance and strength 
will be estimated by the visible evidences of its power. Shanghai 
was the center of the boycott of American goods a short time ago. 
It is probable that the fact that the consulate building is in the 
least desirable part of the city, surrounded by large warehouses 
which make it practically impossible to see "Old Glory" from 
any great distance from the consulate, helped to make the boy- 
cotters think that the United States was not much of a nation, 



CIVICS AND HISTORY COORDINATED 423 

and could be flouted with impunity. Bills have been introduced 
in Congress, and it is probable that some of the difficulties arising 
from such misconception of the relative importance of our Nation 
will be overcome through proper appropriations for buildings at 
Shanghai and other Oriental posts. Ch. XXIX. 

The Life-saving Service. — Congress, stimulated thereto by the 
urgent recommendations of President Roosevelt, has recently in- 
creased the compensation of the persons employed in the United 
States Life-saving Service. There are 280 life-saving stations 
scattered along the thousands of miles of coast line on the Atlan- 
tic, Pacific, Gulf of Mexico, and the great lakes. During 1908, 
386 vessels were involved in disaster within the field of the 
life-saving service's operations, of which 55 were totally lost. 
There were on board of these vessels 3,749 persons, of whom 
only 16 were lost. The value of the vessels and their cargoes 
was $12,212,000, of which $11,057,000 was saved. 

In addition to this, 620 vessels with their cargoes, valued at 
$5,800,000, were saved under circumstances that would have in- 
volved serious or total loss but for the assistance given by the life- 
saving crews, and assistance of more or less importance was given 
to 708 other vessels. The hardships and heroism of these men 
form a story too long to tell here, as do the injuries and disease 
incident to the service. They certainly deserved the generous ac- 
tion of Congress, resulting from the energetic suggestion of our 
youngest President. This man, who was performing the duties 
of his high office before he was forty-three, knows that the country 
can have no better method of marine insurance for life and prop- 
erty than that furnished by an energetic, young service which, 
since its institution in 1871, has had to deal with 18,411 disasters 
in which 127,395 persons were involved and only 1,194 lost, the 
total value of the property at stake being $265,046,000, of which 
no less than $211,124,000 was saved. Ch. XXIX. 

Pensions. — The Federal Government has no charitable func- 
tions. The homes for its worn-out sailors and soldiers are main- 
tained as just payment of a debt to those who have served in its 



424 UNITED STATES 

wars. The same is true of the sums expended in the form of pen- 
sions. By an Act approved February 6, 1907, a pension is pro- 
vided for all veterans of the Mexican and Civil Wars who have 
reached the age of sixty-two years, irrespective of physical dis- 
ability. On June 30, 1908, there were 951,687 pensioners on the 
rolls. To that date the total disbursements for pensions for all 
wars and for the regular establishment amounted to $3,691,230,634. 
There are still two daughters of Revolutionary soldiers on the 
pension rolls. The last survivor of the Revolutionary War was 
Daniel F. Bakeman, who died April 5, 1869, aged 109 years. 
The last surviving widow of a Revolutionary soldier was Esther S. 
Damon, who died November 11, 1906, aged 92 years. The last 
survivor of the War of 181 2 who was on the pension rolls was 
Hiram Cronk, who died May 13, 1905, aged 105 years. There 
were in 1908 still over 450 widows who were pensioners of the 
War of 181 2. Ch. XXIX. 

Manufactures in the United States. — Fifteen billion of dollars 
($15,000,000,000) represents the value of the annual production 
of manufactures in the United States, according to the report 
of the Chief of the Bureau of Manufactures in 1908. The figures 
do not represent the value of the finished products entirely, but 
include products in various stages of progress. The aggregate 
value of domestic merchandise exported was $1,861,000,000. 

Ch. XXIX. 

In Honor of Lincoln. — On August 2, 1909, the new "Lincoln" 
cents ordered struck off in commemoration of the one hundredth 
anniversary of the late President's birth were issued from the 
mint in Philadelphia. 

The head of Lincoln, which appears on the coins, was designed 
by Brenner from a photograph in the possession of Charles Eliot 
Norton. The artist makes the face relaxed and smiling, seeking 
to express Lincoln's face when he was talking with children. 

The artist, Victor D. Brenner, a young Russian, came as a 
boy to this country, sold matches on the streets and studied at 
night at Cooper Institute in New York. He saved enough money 



CIVICS AND HISTORY COORDINATED 425 

to continue his studies in Paris. Returning, he opened a studio 
in this country, where he has won great distinction as a medal- 
ist. The coins as originally issued contained the artist's initials 
"V. D. B." on the reverse side. Owing to criticism, however, 
new dies were prepared in which the letters were removed. 

The idea of changing the design of the one-cent piece from 
the "Indian head" so familiar to all originated with President 
Roosevelt. He had seen the artist's portrait of Lincoln in low 
relief, and, admiring it greatly, proposed that the portrait should 
be adapted for use on this coin as one way of observing the Lin- 
coln centenary. 

The entire first issue of $150,000 worth of new pennies went 
promptly into circulation, the amount having been apportioned 
among the subtreasuries and in turn sent out to various banks. 
In every city there was an urgent demand for the new coins. 
There was a long line of people at the subtreasury in New York 
before the doors opened on August 2, anxious to get possession 
of them. Coin collectors were eager to get a supply in antici- 
pation of the destruction of the dies. It is not likely that the 
coins will ever command much of a premium, because of the large 
number made and now in circulation. Artistically the Lincoln 
cent is a beautiful coin. Ch. XXIX. 

United States Commissioners. — The committing magistrates 
of the Federal District Courts are the United States commissioners 
appointed by each district judge in various parts of his district. 
Persons arrested for crimes against the United States are brought 
before these commissioners, and if the evidence warrants holding 
the prisoners for court, they are sent to jail or admitted to bail 
until they can be brought to trial. These commissioners occupy 
a relative position in the Federal judicial system similar to that 
of the petty courts of the judiciaries of the several States. Com- 
missioners are appointed by the judges of the Circuit Courts, and 
in such numbers as the courts may consider necessary to the 
transaction of the business, and to the performance of the duties 
imposed. The appointment of a commissioner must be recorded 



426 UNITED STATES 

in the court, and the Attorney- General be notified. Commissioners 
hold office during four years, but are subject to removal at any 
time by the court. They are paid by fees which are prescribed 
by law. They are authorized to administer oaths and to issue 
warrants for offenses against the United States, to cause offenders 
to be arrested and imprisoned or bailed for trial, and to order the 
removal of offenders to other districts. Complaints of the vio- 
lation of the Chinese exclusion law are heard before United States 
commissioners, and the commissioner before whom the complaint 
shall be heard is designated by the United States District Attorney 
for the district. Ch. XXX. 

Distribution of Powers. — Certain powers belong exclusively to 
the Federal Government, and are so given by the Constitution. 
Thus the framers of that instrument gave to the central govern- 
ment absolute control over the following matters: — war, peace, 
treaties, alliances, ambassadors, postal affairs, the army and 
navy, foreign commerce, interstate commerce, naturalization, 
coinage of money, Indian affairs, patents, copyrights, bankruptcy, 
Territories, letters of marque and reprisal. 

By an amendment adopted in 1791 (Am. to), it was declared 
that the powers not delegated to the United States by the Con- 
stitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

But if the Federal Government and the State governments are 
to work in harmony, certain powers must not be given exclusively 
to either, but powers of the same kind must be granted to both. 
Powers belonging to both governments are called concurrent. 
Those established by the Constitution relate to the following 
matters: — taxation, public debt, citizenship, suffrage, elections, 
militia, and eminent domain. 

In order to safeguard the interests of the States, certain powers 
were formally prohibited to the Federal Government. Thus the 
first eight amendments restrain the Federal Government but do 
not restrain the States. Certain powers are denied to the Federal 
Government in Article I, Section 9 (J). 



CiVICS AND HISTORY COORDINATED 427 

The framers of the Constitution saw also that certain limitations 
upon the power of the States would be valuable. As a pledge of 
good faith on the part of the States, a self-denying section, Ar- 
ticle I, Section 10, was inserted (K). 

As will be seen, there are three prohibitions upon both State 
and Federal governments: neither a State nor the United States 
can grant any title of nobility (J 8 , K a ); or pass an ex post facto 
law (J 3 , K 1 ); or pass any bill of attainder (J 3 , K x ). These 
cannot possibly be done by any existing governmental agency. 

Ch. XXXI. 

Panama Canal. — This great canal will extend across the Isth- 
mus of Panama from Colon, on the Atlantic coast, to Panama, 
on the Pacific. From a National point of view the comple- 
tion of this canal will be invaluable, as it will give water com- 
munication between the coasts of the two great oceans, and will 
place our island possessions, in point of communication, several 
thousand miles nearer the seat of government than they now are. 
Mahan, a distinguished naval officer, says that the Isthmus, with 
all that depends upon it, — its canal and its approaches on either 
hand, — will link the eastern side of the American continent to 
the western as no network of land communications ever can. 
The United States has already asserted a special interest in it; 
and in the present she can maintain her claim, and in the future 
perform her duty, only by the creation of sea power sufficient to 
hold predominance in the Caribbean Sea. The logical outcome 
of the broadening and tightening hold upon the sentiment of 
American democracy of that principle known as the Monroe 
Doctrine is the rehabilitation of the Nation as a great sea power, 
notwithstanding the opposition of those who wish peace without 
paying the price which alone has ever insured peace, — readiness 
for war. 

The action of President Roosevelt, in recognizing the inde- 
pendence of the Republic of Panama November 13, 1903, when 
he received its minister, has led to very important relations. A 
treaty between the United States and the Republic of Panama, 



428 UXITED STATES 

in effect February 26, 1904, provides for the cession by Panama 
of a strip of territory ten miles in width extending to the distance 
of five miles on each side of the central line of the route of the 
Panama Canal. This grant does not, however, include the cities 
of Panama and Colon, although they are within these bound- 
aries. The United States controls all islands within the zone, and 
four small islands in the Bay of Panama. 

Since the putting forth of the Monroe Doctrine, Americans 
have insisted upon control of an Isthmian Canal, whether 
at Nicaragua or at Panama. International questions have 
often been raised, and several generations have waited to see 
what is now being witnessed. At Paris, on April 22, 1904, the 
Panama Canal Company transferred its rights to the United 
States in consideration of 840,000,000 paid by warrant of the 
Secretary of the Treasury. The Republic of Panama received 
$10,000,000. 

The work on the Panama Canal is making fair progress, and 
the entire expenditures to June 30, 1908, amount to $139,387,649. 
Colonel George W. Goethals, Chairman of the Canal Commission, 
says that the Panama Canal will be open for business January 1, 
1915. Ch. XXXI. 

Nullification and Secession. — Nullification is the refusal of a 
State to permit an act of Congress to be carried out within the 
limits of that State. The so-called right is based upon the theory 
that the Constitution is a simple compact between the States. 
The assumption is made that each State has the right to deter- 
mine for itself when an enactment of the general government is to 
be declared null and void. The right of secession is a kindred 
claim. The proclamation by President Jackson destroyed nulli- 
fication, and secession died amid the terrors of civil war. The 
Constitution in all its aspects looks to an indestructible Union 
of indestructible States. Appomattox was a blessing to both 
North and South. It was there decided that there were not to 
be two republics, nor a dozen, between the Great Lakes and the 
Rio Grande. For this result, as well as for the extinction of 



CIVICS AND HISTORY COORDINATED 429 

slavery, all Americans, north as well as south of the Mason and 
Dixon line, may now give thanks. Ch. XXXI. 

Dred Scott Decision. — This celebrated decision was delivered 
by the Supreme Court of the United States in 1857 in the case of 
Scott, a negro slave living in the State of Missouri. His master 
took him to Illinois, and, after residing there for two years, re- 
moved to Minnesota — then a part of Upper Louisiana — one of 
the Territories. Two years later (1838), Scott's owner took him 
back to Missouri and sold him. Scott brought suit in the courts, 
and endeavored to obtain his liberty on the ground that his resi- 
dence in free State and Territory had destroyed his master's 
rights over him. In course of appeal, the case reached the Su- 
preme Court of the United States. The question at issue was 
mainly one of jurisdiction. "Was Dred Scott a citizen within 
the meaning of the Constitution; had he any rightful standing in 
the courts?" To this question the Court returned a decided neg- 
ative. Chief Justice Taney declared that according to the public 
opinion which prevailed at the time of the Declaration and when 
the Constitution was adopted, negroes " had no rights which the 
white man was bound to respect." "It is absolutely certain," 
said he, "that the African race were not included under the name 
of citizens of a State by the framers of the Constitution." " Dred 
Scott was not a citizen of Missouri within the meaning of the Con- 
stitution, and was not as such entitled to sue in its courts." The 
legislation known as the Missouri Compromise, whereby citizens 
were prohibited from holding and owning slaves in the Territory 
of the United States north of the line 36 30', was declared uncon- 
stitutional and void. "Therefore neither Dred Scott nor any of 
his family — his wife nor his daughters — were made free by being 
carried into this Territory; even if they had been carried there 
with the idea of becoming permanent residents." But the aboli- 
tion of slavery by the Thirteenth Amendment to the Constitution, 
ratified and adopted December 18, 1865, has put an end forever 
to such discussions. Ch. XXXII. 

Contraband of War. — When two nations are at war, their war- 



430 UNITED STATES 

ships may seize the private ships of friendly nations when caught 
carrying such goods to the ports of the enemy as would help to 
continue the war. Such articles are called "contraband of war," 
and include arms and ammunition. In May, 1861, three negroes 
escaped from work on the Confederate lines, and made their way 
over to the Federal lines at Fortress Monroe. General Butler, be- 
fore whom they were brought, said, " These men are contraband of 
war: set them at work." Hence arose the name contrabands often 
applied to negroes received within the Union lines throughout 
the great civil conflict. Ch. XXXII. 

Principles of Maritime War. — The declaration of principles 
regarding the law of maritime war, agreed upon by the Conference 
of ten of the principal maritime nations of the world held in Lon- 
don during 1909, and known as the International Naval Con- 
ference, was made public at the State Department February 26. 
On the question of contraband, the Conference adopted three 
classifications, viz.: absolute, conditional, and not contraband. 
Probably the most interesting features, from the American stand- 
point, are the declarations regarding what constitutes conditional 
contraband and what is free of contraband. Conditional contra- 
band includes food supplies, clothing, gold, silver, fuel and other 
merchandise ordinarily exempt from seizure, but which would 
subject the ship to seizure if destined for military or naval use by 
garrisons or fleets. Articles free of contraband are raw cotton 
and wool for textile industries, india-rubber, hides, ores, earths, 
clays, and fertilizers. Absolute contraband includes powder, 
arms, and military equipment of all kinds. 

The principles enunciated in the declaration are to act as a 
guide for the government of the International Prize Court to be 
established at The Hague. They are regarded as of great impor- 
tance, and mark a decided step forward in the establishment of a 
code for naval warfare, The American delegates were satisfied 
with the code, which contains much that will prove of great ad- 
vantage to American commerce in time of war. 

One of the articles provides that any person belonging to the 



CIVICS AND HISTORY COORDINATED 431 

armed forces of the enemy and found on board a neutral war 
vessel, may be made a prisoner of war even if there be no ground 
for seizing the vessel. This principle conforms to the attitude 
taken at first by the United States in the famous Mason and 
Slidell case during the Civil War, when these men were taken from 
the British steamer Trent by Captain Wilkes of the San Jacinto. 

To meet the situation arising during the Russian- Japanese war, 
when neutral vessels were seized by the Russians and sunk on 
the high seas because the latter had no near-by ports to which to 
take them, the Conference declared that a neutral vessel which 
has been seized cannot be destroyed by the captor, but must be 
conducted into the proper port in order that the validity of the 
capture may be decided. 

The transfer of a hostile vessel to a neutral flag, when it takes 
place before the beginning of hostilities, shall be valid unless it be 
proven that the transfer was made for the purpose of escaping 
the consequences which would have followed because the vessel 
belonged to the enemy. 

The essence of the declaration on blockade is that it must be 
confined to the ports and coasts belonging to or occupied by the 
enemy and that the blockade to be binding must be effective. 
The Anglo-American doctrine of notice of blockade was adopted 
as against the continental. This is, that notice through diplomatic 
channels of the establishment of such blockade is sufficient. 

Ch. XXXII. 

Wilmot Proviso. — In the village graveyard near the town of 
his old home in Towanda, Pa., a modest marble headstone marks 
the final resting place of one of Pennsylvania's most able and 
heroic sons. On the inner face of the stone may be seen the date 
of his birth and death; and on the outer face, that may be seen 
from the road as one passes by, we find the simple text of the 
Wilmot Proviso: — 

"Provided, that neither slavery nor involuntary servitude shall 
ever exist in any part of said territory, except for crime, whereof 
the party shall first be duly convicted." 



432 UNITED STATES 

When in August, 1846, Congress had under consideration the 
appropriation of two millions "for the settlement of the boundary 
question with Mexico," this amendment passed the House, but 
failed in the Senate with the money vote itself. But the question 
raised could not be put out of sight, and at last was settled only in 
the throes of the Civil War. Ch. XXXII. 

The Civil War and Its Issues. — The two main issues of the 
Civil War were the doctrine of Slavery and that of State Rights. 
Opposition to the supremacy of the National Government led to 
the secession of South Carolina and other States in 1860-61. The 
famous Ordinance of 1787 came in time to place bounds upon 
slavery in this country, and was one of the agencies which finally 
led to its abolition. It was passed when the western boundary 
of the United States was the Mississippi river, when Florida was 
Spanish territory, and the lands west of the Mississippi had been 
sold by France to Spain. The act virtually divided freedom and 
slavery by a geographical line — the Ohio river and the Mason 
and Dixon Line. In 1787, slavery had almost disappeared north 
of that line. The efforts to keep the two sections of the country 
balancing on the parallel 3 6° 30' date from the passage of the 
Ordinance, and were continued until 1850. The Missouri Com- 
promise of 1820 gave temporary harmony; but slavery was be- 
coming a National question in which proslavery men wished to 
extend slavery over the United States, while antislavery men 
wished to abolish it. Soon after the Mexican War, the question 
of the right of Congress to prohibit slavery in the Territories be- 
came a National issue. Until 1857, eighteen new States had been 
admitted into the Union — nine with constitutions permitting, and 
nine forbidding slavery. When the Territory of Kansas was ready 
for admission as a State, its people could not agree upon the ques- 
tion of slavery. The Supreme Court decided, in the famous Dred 
Scott case, that the Missouri Compromise was unconstitutional, 
and that Congress had no power to exclude slavery from the Ter- 
ritories. But this decision could not settle the slavery question. 
The struggle in Kansas forced on the inevitable contest which 



CIVICS AND HISTORY COORDINATED 433 

determined "whether this Nation could exist half slave and half 
free." Secession followed, and the formation of the Southern 
Confederacy was accomplished. President Lincoln, recognizing 
that the struggle was essentially between freedom and slavery, 
issued the Emancipation Proclamation to be effective January 1, 
1863. Slavery was afterward abolished in all the States and 
Territories by the ratification of the Thirteenth Amendment. 

No formal declaration of war was made by President Lincoln; 
but the call for troops to get repossession of the property and for- 
tresses seized by the Confederates, was an effectual declaration 
of war against Jefferson Davis and his sympathizers. When 
public opinion rises sure and firm and strong, no material force 
on this earth can stop it. It may be held in check for a week, a 
year, a decade, a century. It may even be turned from its chan- 
nel. Yet money cannot hold it; cunning cannot baffle it; the roar 
of battle and the strife of armies cannot restrain it. For it is 
God moving among men. 

Famous Dispatch. — In executive matters, when prompt action 
is needed, there is a great difference between being in a position 
where one can act and where one can only advise. Yet Gen- 
eral John A. Dix came to the front when he sent to a Treasury 
official at New Orleans that dispatch which thrilled each North- 
ern heart: "If any man attempts to haul down the American flag, 
shoot him on the spot." Chs. XVIII and XXXII. 

Slavery Abolished in the District of Columbia. — Slavery was 
abolished in the District of Columbia when President Lincoln 
approved, April 16, 1862, the Act of Congress passed by the Senate 
by 26 to 6, and by the House 92 to 38. A bill prohibiting slavery 
in the Territories was passed June 19; and a bill giving freedom 
to escaped slaves of rebellious masters was passed July 17, 1862. 

Ch. XXXII. 

Lincoln's Views on Reconstruction. — On April n, 1865, be- 
fore a great multitude gathered about the White House, con- 
gratulating him upon the sure prospect of peace, he said these 
words, — his last public utterance: 
Am. Cit. — 28 



434 UNITED STATES 

"We all agree that the seceded States, so-called, are out of their 
proper practical relation with the Union, and that the sole object 
of the Government, civil and military, in regard to these States is 
to again get them into the proper practical relation. It is easier 
to do this without deciding or even considering whether these 
States have ever been out of the Union, than with it. Finding 
themselves safely at home, it would be utterly immaterial whether 
they had ever been abroad." Ch. XXXII. 

A Southern View of the Limitation of Negro Suffrage. — 
Connecticut, Massachusetts, New Hampshire, and Wyoming re- 
quire an educational qualification of voters. A similar limitation 
in Alabama, Louisiana, Mississippi, South Carolina, and Virginia 
eliminates a large illiterate negro vote. Of the negro males of 
voting age in Alabama, 59.5 per cent are illiterate; in Louisiana, 
61.3 per cent; in Mississippi, 53.2 per cent; in South Carolina, 
54.7 per cent; and in Virginia, 52.5 per cent. This is more than 
one half the negro vote of these States. The laws of the Southern 
States above mentioned provide for an Australian ballot, payment 
of taxes, registration in advance of election, together with the 
educational or property qualification. Of the negroes who are 
not disqualified through the educational qualification, a great 
many become disqualified through failure to pay their taxes. 
Others will not think to register several months before the election, 
and will not pay their poll tax in February so that they may qualify 
themselves to vote in November. Neither is it possible nor de- 
sirable to control such votes by paying the taxes for the voters. 

Certain clauses in the constitutions of these States have led to 
much discussion. Among them the "grandfather clause" of 
Alabama and Louisiana, the "ex-soldier clause" of Virginia, and 
the "understanding clause " of Mississippi are clauses of enfran- 
chisement and not disfranchisement. They were intended to 
grant suffrage to many citizens and law-abiding men who were 
unable to read and write. In Louisiana any male person who was 
a voter in any State of the Union on January 1, 1867, or the son 
or grandson of any such person, might register prior to Septem- 



CIVICS AND HISTORY COORDINATED 435 

ber 1, 1898, and thereby become a voter. Of course no negro 
could qualify under this clause. The "grandfather clause" of 
Alabama has practically the same operation. And such was evi- 
dently the intention of the "ex-soldier clause" of the constitution 
of Virginia, although it applies to Federal veterans, as well as to 
Confederate. The "understanding clause" of Mississippi quali- 
fies persons of good intelligence, who can understand any section 
of the State constitution and give a reasonable interpretation 
thereof, even though the applicant shall be unable to read and 
write. It should be borne in mind that all these requirements 
apply equally to both white and black. The son of the richest 
planter and the son of the humblest negro must enter the voting- 
booth by precisely the same door, as open to one as to another. 
Perhaps the salvation of the South lies in the fact that the white 
man will qualify himself under this law and the negro will not. 
The negro cannot bear up in a losing fight. He has come to 
recognize that, " On whatsoever land the Anglo-Saxon plants his 
foot, of that land he is master or there he finds his grave." The 
whole world knows that, and the lesson will never be unlearned. 
It may be noted in this connection that ex-Premier Balfour's re- 
cently expressed views with regard to white supremacy in South 
Africa stand out for this same idea as firmly as does the " grand- 
father clause" in the constitution of any of our Southern States. 

Industrial Education of the Negro. — As an outgrowth of the 
above mentioned reactionary manifestations in regard to the po- 
litical privileges of the negro, there is now a strong disposition 
among the true friends of the blacks to emphasize the constructive 
work and to encourage all efforts toward the uplift of the race. 
Protest has been made against all backward steps, either in in- 
dustry or in politics. What the negro needs is industrial and 
moral training. Agricultural and technical schools for negro youth 
must be established and home life and farm life promoted among 
the black population of the South. And above all these efforts 
there must be sympathy, help, and knowledge. Ch. XXXII. 

Return of the " Fighting Tenth " Cavalry.— The regiment 



436 UNITED STATES 

of colored troopers which came to the relief of the " Rough Riders" 
at San Juan Hill, after several years of service in the Philippines, 
landed in New York on July 26, 1909, for the first time since the 
Spanish-American War. Their progress of eight miles through 
the city was marked by a continuous ovation. The horses of the 
regiment were left in the islands, so that the parade was made on 
foot. Mayor McClellan and President McGowan of the board 
of aldermen reviewed the march from the steps of the City Hall. 
All lovers of the equal rights of man will rejoice in the cordial 
reception accorded to the veteran Tenth Regiment United States 
Cavalry. The grandfathers and grandmothers of these cavalry- 
men were slaves, with no rights that the white man was bound to 
respect. Well worth seeing were these square-shouldered troopers, 
proud of themselves and their service, proud of their officers, 
proud of their flag and their country as all good citizens should be. 
Forty-six years lie between the draft riots in the great city and the 
crowds of applauding people who welcomed those veteran troops 
who had proved at San Juan their willingness to die for their 
country. It means much for the progress of the negroes in the 
United States that they have produced such a regiment with such 
a record. Men are beginning to have a better understanding than 
they once had of Lincoln's immortal words: "And there will be 
some black men who can remember that with silent tongue and 
clenched teeth and steady eye and well-poised bayonet they have 
helped mankind on to this great consummation." Ch. XXXII. 

Shaw Memorial by St. Gaudens: Civic Courage. — "You 
have immortalized my native city; you have immortalized my 
dear son; you have immortalized yourself." Such were the words 
of the mother of Colonel Robert Gould Shaw to the great sculptor, 
when on Memorial Day in Boston, a masterpiece of modern art 
was unveiled (1897). 

It is not often that those whom the world esteems the most 
successful or the greatest leave the most valuable examples and 
lessons to posterity. It is rather the man whose life or death 
touches some deep chord of universal sympathy, — appeals to the 



CIVICS AND HISTORY COORDINATED 437 

imagination" or the sentiment of all mankind. When far greater 
soldiers are forgotten, the memory of this gallant youth will still 
be cherished. He fell "with his hurts before" leading a hopeless 
charge, blazing the path of freedom for a race in bondage. This 
is the kind of courage to which monuments should be erected. 
Civic courage led him bravely to give up his commission, as he 
marched with the glorious Seventh Regiment, and assume the 
leadership and head the dubious fortunes of the negroes of the 
Fifty -fourth. His was not the common and gregarious courage 
which men might show as they stormed a battery side by side 
with others. Civic courage in Colonel Shaw led him to resist 
prejudice and enthroned abuse of a race. 

"A paean not a knell, 
For heroes dying so! 
Not weighing gain with loss — 

World-losers, that win all 
Obeying Duty's call!" 

Ch. XXXII. 
" Father of the Constitution." — James Madison, the fourth 
President of the United States, was born at Port Conway, Va., 
in 1 75 1. In the Constitutional Convention of 1787 he was a 
leading figure, — the man who did most to bring harmony out of 
the sharp differences of plans and opinions that were manifested 
in that famous Federal Convention. He was but thirty-six years 
of age, yet his political experience was wide, since he had seen 
service in the Legislature of Virginia and in Congress, where he 
had learned to know thoroughly the difficulties of the Confedera- 
tion. A devoted student of history and thus thoroughly ac- 
quainted with political science, he united such knowledge and 
experience with a remarkable firmness of purpose. A certain 
kindness and sweetness of manner commended his views to all 
his fellow-members. Madison was, therefore, the most influential 
of the members in giving to the Constitution the form in which it 
was finally adopted. Throughout the discussions, — in which he 



43& UNITED STATES 

took part more than fifty times, — he strongly advocated a National 
Government, well knit, forceful, and empowered to carry out its 
just authority. In all the war of opinions, in his quiet and saga- 
cious way, he often suggested some middle course. In the end 
he had done such efficient work that he justly won the title " Father 
of the Constitution." As a contributor to The Federalist, with 
Jay and Hamilton, he did much to secure the ratification of the 
Constitution by the States, especially New York and Virginia. 
When Jefferson became President in 1801, Madison was called 
to the position of Secretary of State. In 1809 he was chosen 
President, and at the close of his term retired to his estate at 
Montpelier, Va., where he maintained a strong influence upon 
his party and political events in general. His wife, familiarly 
called "Dolly Madison," was perhaps the most popular mistress 
that the White House has ever known. Ch. XXXII. 

Adoption of the Constitution. — The banner State in the mat- 
ter of the adoption of the Federal Constitution was Delaware. A 
unanimous vote of the convention held for the purpose gave the 
voice of this little State for the great instrument of government, 
December 6, 1787. 

James Wilson, a member of the Federal Convention, explained 
the Constitution to the members of the State convention of Penn- 
sylvania. Washington pronounced James Wilson as honest, 
candid, and able a member as the Federal Convention contained. 
His speeches in the State convention form a most interesting and 
able commentary upon the Constitution. Chief Justice McKean 
was also a prominent advocate of the adoption of the Federal 
Constitution, and declared it to be the best the world had yet 
seen. The chief opposition to the adoption of the new system 
came from the portion of the State west of the Susquehanna. 
The ratification was given December 12, 1787, by a vote of 46 
to 23. 

The convention of the State of New Jersey adopted the Con- 
stitution by a unanimous vote December 18, 1787. Georgia fol- 
lowed with a like unanimity of vote January 2, 1788. 



CIVICS AND HISTORY COORDINATED 439 

Connecticut was the fifth in the order of adoption. The most 
prominent advocate of the Federal Constitution in that State was 
Oliver Ellsworth. The Constitution was adopted by a large 
majority January 9, 1788. 

In Massachusetts, the opposition was strong in numbers and 
in talent, but the influence of John Hancock was used to con- 
ciliate the opposition. It was proposed that the Constitution 
should be unconditionally adopted, and that certain amendments 
should be earnestly recommended. On February 6, 1788, the 
adoption was carried by a majority of nineteen. The wise plan 
adopted in this State saved the Constitution. 

Maryland adopted the Constitution April 26, 1788, after an 
unsuccessful attempt of the opposition at adjournment of the 
convention. In South Carolina the influence of the Pinckneys 
and the Rutledges prevailed, and a convention was called which 
adopted the Constitution May 23, 1788. New Hampshire, after 
delays caused by adjournment and reassembling of the State con- 
vention, at last adopted the instrument of government June 21, 
1788. 

The opposition in Virginia was very strong, and was led by 
Patrick Henry. He claimed that the new government was not a 
compact between sovereign States, but a National Government. 
Speaking of the preamble he said: "Who authorized them to 
speak the language of ' We the people,'' instead of ' We the States'?" 
Madison, Marshall, Randolph, and others answered these ob- 
jections effectively. After long continued debates, the Constitu- 
tion was adopted by the convention, June 25, 1788. 

In New York, two thirds of the members of the convention 
were opposed to the Constitution. At last through the efforts of 
Hamilton, Livingston, and Jay, the Constitution was adopted 
July 26, 1788, by a vote of 30 to 27. 

The Constitution was thus ratified by eleven States. When 
the ratification of nine States had been received by the Congress 
of the Confederation, an Act putting the Constitution into effect 
was reported and passed. Elections for the new government were 



440 UNITED STATES 

directed to be held in January, 1789, the Presidential Electors 
were to meet on the first Wednesday in February, and the first 
Wednesday in March, 1789, was designated as the time for com- 
mencing proceedings under the Constitution. 

The Constitution was rejected at first by Rhode Island and 
North Carolina. The latter State finally ratified the Constitution 
November 21, 1789. Rhode Island remained out of the Union 
until May 29, 1790. 

The history of the Constitution shows that it was designed to 
form a National Government, and that it was ordained and estab- 
lished by the People of the United States. Hence, in the words 
of Washington's "Farewell Address": " Until changed by an 
explicit and authentic act of the whole, it is sacredly obligatory 
upon all." Ch. XXXII. 

Assumption of the State Debts and Location of the Na- 
tional Capital. — Two distinctly sectional acts of legislation were 
settled by a compromise which practically set off against each 
other the location of the National capital on the Potomac river, 
and the assumption of the State debts by the National Govern- 
ment. In due course of time the President selected the present 
site at Washington, D. C.,and State debts amounting to $21,000,000 
were assumed by the Federal Government. It is said that Hamil- 
ton, as a Northern man, appealed to Jefferson, over whose dining 
table an agreement was reached that the Virginia members would 
vote for the assumption of the debts, if Hamilton would find the 
votes necessary to fix the National capital on the Potomac. By 
such compromise — it would be called "a deal" to-day — both 
measures were passed. 

By a proclamation issued March 30, 1791, Washington an- 
nounced that the Federal District had been located. The original 
cession was ten miles square, lying on both sides of the Potomac, 
about two thirds being in Maryland and the remainder in Vir- 
ginia. The portion lying in Virginia has since been restored to 
that State. Ch. XXXII. 

Historical Order of the Executive Departments. — The first 



CIVICS AND HISTORY COORDINATED 441 

executive department to be established was the Department of 
State — called at first the Department of Foreign Affairs. Presi- 
dent Washington appointed Thomas Jefferson to this office in 
1789. 

An effort was made by Congress to make the head of the Treas- 
ury Department an agent of the Legislative branch of govern- 
ment, rather than an officer under the President. The difficulty, 
however, was overcome, and Alexander Hamilton became the 
first Secretary of the Treasury in 1789. 

The War Department was also established in 1789 when 
General Henry Knox, who had been head of the army, was called 
to the position of Secretary of War. 

In the same year the President appointed Edmund Randolph 
Attorney- General of the United States. Washington also called 
Samuel Osgood to the office of Postmaster-General in 1789, but 
the incumbent of this office was not considered a member of the 
Cabinet until 1829. 

The Navy Department was established in 1798, and Presi- 
dent John Adams called Benjamin Stoddert to the position. 

Half a century afterwards, in 1849, on the establishment of 
the Department of the Interior, President Taylor appointed 
Thomas Ewing to the position of Secretary of the Interior. 

The first Secretary of Agriculture, Norman J. Colman, was ap- 
pointed by President Cleveland in 1889. The latest Cabinet posi- 
tion to be instituted is that of Secretary of Commerce and Labor. 
In 1903 George B. Cortelyou was appointed to this Cabinet office 
by President Roosevelt. Ch. XXXIL 

The National Capitol. — The corner stone of the Capitol was 
laid in 1793. The wings were first completed, and about $750,000 
had been expended upon the building when it was partially de- 
stroyed by the British in 181 4. Four years afterwards the work 
on the central part was begun, and improvements have been made 
until now it is one of the stateliest and most harmonious buildings 
in the world. Built of white marble, on a hill overlooking the 
city, it stands, indeed, as a beautiful and impressive structure. 



442 UNITED STATES 

It is 751 feet long, 350 feet wide, and is surmounted by a dome 
287 feet above the base, crowned by a figure of Liberty, twenty 
feet high. The original dome was of wood, covered with copper, 
but in 1856 the present structure of iron was begun. All through 
the Civil War the work on the dome steadily progressed, and in 
1865 the structure was completed. Ch. XXXII. 

Income Tax Amendment. — The pending Constitutional 
amendment empowers the Federal Government to impose a tax 
on incomes, from whatever source derived, without apportioning 
the same according to population. Now that this new amend- 
ment has been sent out to the States for ratification (1909), con- 
jectures as to which will ratify and which refuse are prevalent. 
One of the lists names the States of Maine, New Hampshire, Ver- 
mont, Massachusetts, Rhode Island, Connecticut, New York, 
New Jersey, Delaware, Pennsylvania, Colorado, Montana, Ne- 
vada, and West Virginia as certain to reject the amendment, 
though any twelve of them would be enough. 

Here is the amendment which Congress has asked all the States 
to vote upon in their Legislatures : 

"That Congress shall have power to lay and collect taxes on 
incomes, from whatever source derived, without apportionment 
among the several States, and without regard to any census or 
enumeration." 

Which means, briefly, the income tax. 

Some authorities hold that if a State once votes to accept an 
amendment, such action is final; but that the measure may be 
brought up again, even before a subsequent Legislature, if it fails 
the first time. But even in case no more than eleven States vote 
against the amendment, the income tax will not be secure. With 
the amendment made a part of the supreme law of the land, a 
bill must be enacted by Congress in order to make the measure — 
the income tax amendment — effective. The chances for the enact- 
ment of such law by the House and Senate are neither numerous 
nor encouraging. The Alabama Legislature has already (1909) 
ratified the proposed amendment, while the Senate of Georgia 



CIVICS AND HISTORY COORDINATED 443 

has declined to consider the amendment. Following Alabama 
and Georgia, the regular sessions of the several Legislatures fol- 
low in an order beginning with Tennessee, Texas, and Virginia 
(1909); Pennsylvania and thirty-seven other States (1910); Florida 
(1911); and closing with Mississippi and Louisiana (1912). 

Whenever it becomes as easy to amend our Constitution as it 
is in some countries, then revolutions will become as common 
with us as with them. Ch. XXXII. 

Religious Liberty. — No one should refuse to vote for any 
thoroughly upright and fit man because he happens to have a 
particular religious creed. Some feel the necessity of opposing 
this man's Unitarianism, others that man's Catholicism. But we 
need have no fears on such matters so long as a recent speaker in 
Carnegie Music Hall, while upholding the loyalty of the Catholic 
church, could declare that, if need be, every priest in this country 
would melt the sacred vessels of the altar to provide a fund for the 
defense of the Stars and Stripes. Ch. XXXII. 

The Office of Vice President. — The Constitutional Conven- 
tion of 1787 had been in session more than four months before 
anybody thought of the office of the second officer of the Govern- 
ment. When the Committee of Eleven, on September 4, sug- 
gested the novel idea of the Vice Presidency, Mason of Virginia 
declared that it was "an unnecessary office." The desire for it 
grew out of the fear of the smaller States that the larger States 
would have an advantage over them in the new government then 
under consideration. Thrust into our governmental mechanism 
by little States for little reasons, this "fifth wheel" has been a 
source of annoyance and danger ever since. No provision has 
ever been made for succession to the office of Vice President, 
although on occasion the duties of the office are assumed by the 
President pro tempore of the Senate. The difficulty which arose 
in 1801 through the equality of the votes for Jefferson and Burr 
was a sure demonstration of the danger due to the plan of voting 
for both President and Vice President upon one ballot. The 
duty of electing a President devolved upon the House of Repre- 



444 UNITED STATES 

sentatives. The balloting continued in the House from Febru- 
ary ii to February 17, 1801, and, upon the thirty-sixth ballot, 
the Speaker declared that the votes of ten States had been given 
to Thomas Jefferson, who was thus chosen President by the 
House of Representatives. Aaron Burr became Vice President 
by the vote of the Electors — after Jefferson had been chosen 
President — and not by the vote of the Senate. The certificate 
which the Senate directed its president to sign set forth that 
Jefferson and Burr had each received the same number of Electoral 
votes; but that Jefferson had been elected President by the House 
of Representatives. It stated in conclusion: "By all of which it 
appears that Aaron Burr, Esq., of New York, is duly elected 
Vice President of the United States of America. " 

As early as January 6, 1797, an amendment had been offered 
in the House of Representatives requiring Electors to distin- 
guish in their ballots between candidates for the Presidency and 
the Vice Presidency. Nothing resulted from this and similar 
proposed amendments until the country was taught its necessity 
by the actual peril of 1801. The Twelfth Amendment (1804) 
changed the method of choosing the Vice President, but has 
developed further complications which set forth this weak link 
in the chain of our government. 

The political convention, which has now become an American 
institution, was unknown to the framers of the Constitution. 
In such conventions, the Vice President is now nominated to 
conciliate the unsuccessful minority of the party. In one or two 
cases the political "bosses" have used the office to obstruct the 
career of a strong and popular man, since it seems to have be- 
come an accepted fact that no Vice President can ever be President 
except by the death of the President. The attempt to harmonize 
the party puts in the office of Vice President a man who will 
certainly reverse the policy of his predecessor, and it is nothing 
more than human nature that he should do so. He does not be- 
lieve in the policies of the President, and was nominated by the 
opponents of the majority. Thus the death of the President may 



CIVICS AND HISTORY COORDINATED 445 

suddenly change the designs of a great people and the very course 
of the Nation's progress. 

It is plain that the best way to strengthen the chain of govern- 
ment would be to abolish the office of Vice President, but such 
amendments are quite out of the question and are virtually im- 
possible. The Federal Constitution has for a century resisted 
peaceful alteration, and, with the increase in the number of States, 
its rigidity becomes greater. 

It has been suggested, also, that the powers of the Vice Presi- 
dent should be enlarged either from an executive or a legislative 
point of view. 

While it may not be practical to talk of meeting such questions 
through an Amendment to the Constitution, it is certainly true 
that such is the only way to dispose of them fairly and squarely. 
"It is a very dangerous practice," said Pinckney in the Senate 
in 1800, "to endeavor to amend the Constitution by making laws 
for the purpose." Chs. XXVIII and XXXII. 



QUESTIONS 

What is said concerning the advantages of coordination in history and 
civics ? Discuss any topic in civics mentioned in a recent newspaper or 
other periodical. 

In determining the qualifications of the voter, what two aims are ap- 
parent ? 

Has the State the right to teach morals in the public schools ? May the 
teaching be based wholly or in part upon Biblical Ethics ? 

What were the three forms of government in the colonies at the time 
of the Declaration of Independence ? 

Under what circumstances does Congress become a "city council" ? 

What does one loyal educator in our State say concerning the present 
school system? 

What is said about the conservation of our forests ? What was Penn's 
ordinance concerning forests ? 

Discuss the topics: "Equity," "Injunctions." 

Should the President be elected by popular vote? 



446 UNITED STATES 

What is the relation of residents of Washington, D. C, in regard to 
election privileges? 

What is meant by the term "minority representation"? Compare it 
with cumulative voting and the limited vote used in Pennsylvania. 

What is the initiative ? What is the referendum ? 

To what extent is the initiative and referendum in use in the United 
States ? Give some recent examples of such voting. 

What are some of the arguments in favor of the direct vote ? 

What is the recall ? 

Who gave the loose construction of the Constitution its broadest inter- 
pretation ? 

What does Governor Hughes of New York say about direct nomina- 
tions? 

What is the single tax ? 

What provision does the Federal Constitution make for the establish- 
ment and maintenance of a school system ? 

State some of the important clauses of the Magna Charta. 

What is meant by the term "counting a quorum" ? 

What is the manner of organization of the House of Representatives? 

What section of the Federal Constitution expressly requires that when 
a bill is passed over the President's veto, the vote shall be taken by yeas 
and nays? 

What is the meaning of the expression "Senatorial courtesy" ? 

Has the government of the United States the right to become the 
owner of the railroad and telegraph lines of the country ? 

What remedies have been proposed for the evils connected with trusts ? 

The law of 1792 says: "Every fifteen pounds weight of pure silver shall 
have equal value in all payments with one pound of pure gold." Why 
not 16 to 1 or 20 to 1 ? 

If you are worth your weight in gold, how many dollars are you worth ? 

For what amount may a National bank issue bank notes ? 

How does the Library of Congress compare with other great libraries? 

What powers of a creative nature has the Congress of the United 
States ? When was the Court of Claims established ? 

Which amendment was submitted to President Lincoln for his ap- 
proval ? 

What has been the example of the United States in respect to arbitra- 
tion? 



CIVICS AND HISTORY COORDINATED 447 

Where are the officers of the army educated ? Of the navy ? 

When was the National flag adopted? 

Explain definitely what is meant by the "Monroe Doctrine." 

What was the cause of the war between the United States and Spain ? 
What was gained in this war by the United States ? 

Make an expansion map of the United States, marking and dating the 
several purchases and cessions. 

What Chief Justice of the United States has been called "a second 
author of the Constitution"? Why? How does he define implied 
powers ? 

When did Lincoln suspend the writ of habeas corpus ? 

Describe the joint meeting of the houses of Congress to canvass the 
Presidential vote. 

What was the great issue of the last Presidential campaign ? What is 
likely to be the issue of the next campaign ? 

What are the chief weapons in the strife between capital and labor? 
What is a board of arbitration ? 

In what way have the States attempted to settle labor disputes ? 

Upon what ground did President Cleveland intervene in the Chicago 
strike of 1894? 

State some facts concerning the inauguration of the President. What 
may be said of this ceremony? 

What is the Constitutional provision for admitting new States ? How 
may a State be admitted into the Union ? 

What was the Ordinance of 1787? 

Name some advantages which lead the people living in a Territory to 
desire Statehood for their section of the country. 

What change should be instituted in regard to our consular properties 
in the Orient? 

Who are the committing magistrates of the Federal District Courts? 
How are they appointed ? What are their duties ? 

Describe the Panama Canal. When will it be open for business? 

Define nullification. Upon what theory is the so-called right based? 
What is the right of secession ? How were these questions settled ? 

Give an account of any famous decision made by the Supreme Court 
of the United States. 

What is the meaning of the term "contraband of war" ? 

What are the principles of maritime war? 



448 UNITED STATES 

What is the relation of the Thirteenth Amendment to the Wilmot Pro- 
viso and the Ordinance of 1787? 

What change did the Fourteenth Amendment make in the character 
of citizenship in the United States ? 

Is the approval of the President necessary in the case of an amendment 
to the Constitution ? To what legislative actions besides bills is the ap- 
proval of the President necessary ? 

What were Lincoln's views on reconstruction ? 

Give the Southern view of the limitation of negro suffrage. 

What do you regard as the right view ? 

Give reasons for and against an educational qualification for suffrage. 

Describe the return of the "Fighting Tenth " Cavalry. What words of 
Lincoln are recalled ? 

What great works has the sculptor St. Gaudens left? What were the 
words of the mother of Colonel Robert G. Shaw ? 

Discuss the Civil War and its issues. 

What great political principles are set forth in the Declaration of In- 
dependence ? 

What is Gladstone's saying in regard to the Constitution of the United 
States? 

What American statesman won the title " Father of the Constitution " ? 

Which State was first to adopt the Constitution of the United States ? 
Which one of the original States was the last to ratify the instrument ? 

Upon what grounds did Patrick Henry oppose the adoption of the 
Constitution ? Was his statement concerning the National Government 
correct? 

What words in the Constitution of the United States reveal the Federal 
feature ? 

Point out an important distinction between the Constitution of the 
United States and the constitution of Pennsylvania. 

Trace the order of the succession of Cabinet officers to the Presidency 
in the historical order of establishment of the executive departments. 

What amendment has been recently sent out to the States for ratifica- 
tion? 

What methods have been suggested for the regulation of the liquor 
traffic? 

When was the corner stone of the Capitol building laid ? When was 
the structure completed? 



CONSTITUTION OF PENNSYLVANIA 



PREAMBLE 



We, the people of the Commonwealth of Pennsylvania, grateful to 
Almighty God for the blessings of civil and religious liberty, and hum- 1 
bly invoking His guidance, do ordain and establish this Constitution. 

ARTICLE I 

Declaration of Rights 

That the general, great, and essential principles of liberty and free 
government may be recognized and unalterably established, we de- 
clare that 

Section 1. All men are born equally free and independent, and have 
certain inherent and indefeasible rights, among which are those of 2 
enjoying and defending life and liberty, of acquiring, possessing and 
protecting property and reputation, and of pursuing their own happi- 
ness. 

Sec. 2. All power is inherent in the people, and all free governments 
are founded on their authority and instituted for their peace, safety, 3 
and happiness. For the advancement of these ends, they have at all 
times an inalienable and indefeasible right to alter, reform, or abolish 
their government in such manner as they may think proper. 

Sec. 3. All men have a natural and indefeasible right to worship 
Almighty God according to the dictates of their own consciences; no 4 
man can of right be compelled to attend, erect, or support any place of 
worship, or to maintain any ministry against his consent; no human 
authority can, in any case whatever, control or interfere with the rights 
of conscience, and no preference shall ever be given by law to any 
religious establishments or modes of worship. 

Sec. 4. No person who acknowledges the being of a God, and a 
future state of rewards and punishments, shall, on account of his re- 5 
ligious sentiments, be disqualified to hold any office or place of trust 
or profit under this Commonwealth. 

Sec. 5. Elections shall be free and equal; and no power, civil or 
military, shall at any time interfere to prevent the free exercise of the 6 
right of suffrage. 

Sec. 6. Trial by jury shall be as heretofore, and the right thereof re- 
main inviolate. 7 



ii PENNSYLVANIA 

Sec. 7. The printing press shall be free to every person who may 

8 undertake to examine the proceedings of the Legislature, or any branch 
of government, and no law shall ever be made to restrain the right 
thereof. The free communication of thoughts and opinions is one of the 
invaluable rights of man, and every citizen may freely speak, write, and 
print on any subject, being responsible for the abuse of that liberty. 
No conviction shall be had in any prosecution for the publication of 
papers relating to the official conduct of officers or men in public ca- 
pacity, or to any other matter proper for public investigation or infor- 
mation, where the fact that such publication was not maliciously or neg- 
ligently made shall be established to the satisfaction of the jury; and 
in all indictments for libel, the jury shall have the right to determine 
the law and the facts under the direction of the court, as in other cases. 

Sec. 8. The people shall be secure in their persons, houses, papers, 

9 and possessions from unreasonable searches and seizures, and no war- 
rant to search any place or to seize any person or things shall issue with- 
out describing them as nearly as may be, nor without probable cause, 
supported by oath or affirmation, subscribed to by the affiant. 

Sec. 9. In all criminal prosecutions the accused hath a right to be 

10 heard by himself and his counsel, to demand the nature and cause of 
the accusation against him, to meet the witnesses face to face, to have 
compulsory process for obtaining witnesses in his favor, and in prosecu- 
tions by indictment or information, a speedy public trial by an impartial 
jury of the vicinage; he cannot be compelled to give evidence against 
himself, nor can he be deprived of his life, liberty, or property, unless 
by the judgment of his peers or the law of the land. 

Sec. 10. No person shall, for any indictable offense, be proceeded 

11 against criminally by information, except in cases arising in the land 
or naval forces, or in the militia, when in actual service, in time of war 
or public danger, or by leave of the court, for oppression or misde- 
meanor in office. No person shall, for the same offense, be twice put 
in jeopardy of life or limb; nor shall private property be taken or ap- 
plied to public use, without authority of law and without just compen- 
sation being first made or secured. 

Sec. 11. All courts shall be open, and every man, for an injury done 

12 him in his lands, goods, person, or reputation, shall have remedy by due 
course of law, and right and justice administered without sale, denial, 
or delay. Suits may be brought against the Commonwealth in such 
manner, in such courts, and in such cases as the Legislature may by law 
direct. 

Sec. 12. No power of suspending laws shall be exercised unless by 

13 the Legislature, or by its authority. 

Sec. 13. Excessive bail shall not be required, nor excessive fines 

14 imposed, nor cruel punishments inflicted. 

Sec. 14. All prisoners shall be bailable by sufficient sureties, unless 

15 for capital offenses, when the proof is evident or presumption great; and 



STATE CONSTITUTION ill 

the privilege of the writ of habeas corpus shall not be suspended, unless 
when in case of rebellion or invasion the public safety may require it. 

Sec. 15. No commission of oyer or terminer or jail delivery shall be 
issued. 16 

Sec. 16. The person of a debtor, where there is not strong presump- 
tion of fraud, shall not be continued in prison after delivering up his 17 
estate for the benefit of his creditors, in such manner as shall be pre- 
scribed by law. 

Sec. 17. No ex post facto law, nor any law impairing the obligation 
of contracts, or making irrevocable any grant of special privileges or 18 
immunities, shall be passed. 

Sec. 18. No person shall be attainted of treason or felony by the 
Legislature. 19 

Sec. 19. No attainder shall work corruption of blood, nor, except 
during the life of the offender, forfeiture of estate to the Commonwealth. 20 
The estate of such persons as shall destroy their own lives shall descend 
or vest as in cases of natural death, and if any person shall be killed by 
casualty there shall be no forfeiture by reason thereof. 

Sec. 20. The citizens have a right in a peaceable manner to assemble 
together for their common good, and to apply to those invested with the 21 
powers of government for redress of grievances or other proper purposes, 
by petition, address, or remonstrance. 

Sec. 21. The right of the citizens to bear arms in defense of them- 
selves and the State shall not be questioned. 22 

Sec. 22. No standing army shall, in time of peace, be kept up with- 
out the consent of the Legislature, and the military shall in all times 23 
and in all cases be in strict subordination to the civil power. 

Sec. 23. No soldier shall in time of peace be quartered in any house 
without the consent of the owner, nor in time of war but in a manner 24 
to be prescribed by law. 

Sec. 24. The Legislature shall not grant any title of nobility or 
hereditary distinction, nor create any office, the appointment to which 25 
shall be for a longer term than during good behavior. 

Sec. 25. Emigration from the State shall not be prohibited. 26 

Sec. 26. To guard against transgressions of the high powers which 
we have delegated, we declare that anything in this article is excepted 27 
out of the general powers of government and shall forever remain in- 
violate. 

ARTICLE II 

The Legislature 

Sec. 1. The legislative power of this Commonwealth shall be vested 
in a General Assembly, which shall consist of a senate and a house of 2S 
representatives. 



IV PENNSYLVANIA 

Sec. 2. Members of the General Assembly shall be chosen at the 

29 general election every second year. Their term of service shall begin 
on the first day of December next after their election. Whenever a 
vacancy shall occur in either house, the presiding officer thereof shall 
issue a writ of election to fill such vacancy for the remainder of the term. 

Sec. 3. Senators shall be elected for the term of four years, and 

30 representatives for the term of two years. 

Sec. 4. The General Assembly shall meet at twelve o'clock, noon, 

31 on the first Tuesday of January every second year, and at other times 
when convened by the Governor, but shall hold no adjourned annual 
session after the year one thousand eight hundred and seventy-eight. 
In case of a vacancy in the office of United States Senator from this 
Commonwealth, in a recess between sessions, the Governor shall con- 
vene the two houses by proclamation on notice not exceeding sixty days, 
to fill the same. 

Sec. 5. Senators shall be at least twenty -five years of age, and rep- 

32 resentatives twenty -one years of age. They shall have been citizens 
and inhabitants of the State four years, and inhabitants of their re- 
spective districts one year next before their election (unless absent on 
the public business of the United States, or of this State), and shall 
reside in their respective districts during their terms of service. 

Sec. 6. No senator or representative shall, during the time for which 

33 he shall have been elected, be appointed to any civil office under this 
Commonwealth, and no member of Congress, or other persons holding 
any office (except of attorney at law or in the militia), under the United 
States, or this Commonwealth, shall be a member of either house during 
his continuance in office. 

Sec. 7. No person hereafter convicted of embezzlement of public 

34 moneys, bribery, perjury, or other infamous crime, shall be eligible to 
the General Assembly, or capable of holding any office of trust or profit 
in this Commonwealth. 

Sec. 8. The members of the General Assembly shall receive such 

35 salary and mileage for regular and special sessions as shall be fixed by 
law and no other compensation whatever, whether for service upon 
committee or otherwise. No member of either house shall, during the 
term for which he may have been elected, receive any increase of salary 
or mileage, under any law passed during such term. 

Sec. 9. The senate shall, at the beginning and close of each regular 

36 session, and at such other times as may be necessary, elect one of its 
members President pro tempore, who shall perform the duties of the 
lieutenant governor, in any case or absence of disability of that officer, 
and whenever the said office of lieutenant governor shall be vacant. 
The house of representatives shall elect one of its members as speaker. 
Each house shall choose its other officers, and shall judge of the election 
and o^alifications of its members. 

Sec. 10. A majority of each house shall constitute a quorum, but a 



STATE CONSTITUTION V 

smaller number may adjourn from day to day, and compel the attend- 37 
ance of absent members. 

Sec. 11. Each house shall have power to determine the rules of its 
proceedings, and punish its members or other persons for contempt or 38 
disorderly behavior in its presence, to enforce obedience to its process, 
to protect its members against violence, or offers of bribes or private 
solicitation, and with the concurrence of two thirds, to expel a member, 
but not a second time for the same cause, and shall have all other powers 
necessary for the Legislature of a free State. A member expelled for 
corruption shall not thereafter be eligible to either house, and punish- 
ment for contempt or disorderly behavior shall not bar an indictment 
for the same offense. 

Sec. 12. Each house shall keep a journal of its proceedings, and 
from time to time publish the same, except such parts as require se-39 
crecy, and the yeas and nays of the members on any question shall, at 
the desire of any two of them, be entered on the journal. 

Sec. 13. The sessions of each house, and of committees of the whole, 
shall be open, unless when the business is such as ought to be kept40 
secret. 

Sec. 14. Neither house shall, without the consent of the other, ad- 
journ for more than three days, nor to any other place than that in 41 
which the two houses shall be sitting. 

Sec. 15. The members of the General Assembly shall in all cases 
except treason, felony, violation of their oath of office, and breach or 42 
surety of the peace, be privileged from arrest during their attendance 
at the sessions of their respective houses and in going to and returning 
from the same; and for any speech or debate in either house they shall 
not be questioned in any other place. 

Sec. 16. The State shall be divided into fifty senatorial districts of 
compact and contiguous territory as nearly equal in population as may 43 
be, and each district shall be entitled to elect one senator. Each county 
containing one or more ratios of population shall be entitled to one 
senator for each ratio, and to an additional senator for a surplus of popu- 
lation exceeding three fifths of a ratio, but no county shall form a sepa- 
rate district unless it shall contain four fifths of a ratio, except where 
the adjoining counties are each entitled to one or more senators, when 
such county may be assigned a senator on less than four fifths and 
exceeding one half a ratio; and no county shall be divided unless en- 
titled to two or more senators. No city or county shall be entitled to 
separate representation exceeding one sixth of the whole number of 
senators. No ward, borough, or township shall be divided in the forma- 
tion of a district. The senatorial ratio shall be ascertained by dividing 
the whole population of the State by the number fifty. 

Sec. 17. The members of the house of representatives shall be ap* 
portioned among the several counties, on a ratio obtained by dividing 44 
the population of the State, as ascertained by the most recent United 






vi PENNSYLVANIA 

States census, by two hundred. Every county containing less than five 
ratios shall have one representative for every full ratio, and an addi- 
tional representative when the surplus exceeds half a ratio; but each 
county shall have at least one representative. Every county containing 
five ratios or more shall have one representative for every full ratio. 
Every city containing a population equal to a ratio shall elect separately 
its proportion of the representatives allotted to the county in which it 
is located. Every city entitled to more than four representatives, and 
every county having over one hundred thousand inhabitants, shall be 
divided into districts of compact and contiguous territory, each dis- 
trict to elect its proportion of representatives according to its popula- 
tion, but no district shall elect more than four representatives. 

Sec. 18. The General Assembly at its first session after the adop- 

45 tion of this Constitution, and immediately after each United States 
decennial census, shall apportion the State into senatorial and repre- 
sentative districts, agreeably to the provisions of the two next preceding 
sections. 

ARTICLE III 

Legislation 

Sec. 1. No law shall be passed except by bill, and no bill shall be so 

46 altered or amended, on its passage through either house, as to change its 
original purpose. 

Sec. 2. No bill shall be considered unless referred to a committee, 

47 returned therefrom, and printed for the use of the members. 

Sec. 3. No bills, except general appropriation bills, shall be passed 

48 containing more than one subject, which shall be clearly expressed in 
its title. 

Sec. 4. Every bill shall be read at length on three different days, in 

49 each house; all amendments made thereto shall be printed for the use 
of the members before the final vote is taken on the bill, and no bill shall 
become a law, unless on its final passage the vote be taken by yeas and 
nays, the names of the persons voting for and against the same be en- 
tered on the journal, and a majority of the members elected to each 
house be recorded thereon as voting in its frvor. 

Sec. 5. No amendments to bills by one house s\iall be concurred in 

50 by the other, except by the vote of a majority of the members elected 
thereto, taken by yeas and nays, and the names of those voting for and 
against recorded upon the journal thereof; and reports of committees 
of conference shall be adopted in either house only by the vote of a 
majority of the members elected thereto, taken by yeas and nays, and 
the names of those voting recorded upon the journals. 

Sec. 6. No law shall be revived, amended, or the provisions thereof 

51 extended or conferred, by reference to its title only, but so much thereof 
as is revived, amended, extended, or conferred, shall be reenacted, and 
published at length. 



STATE CONSTITUTION vii 

Sec. 7. The General Assembly shall not pass any local or special 
law authorizing the creation, extension, or impairing of liens; regulating 52 
the affairs of counties, cities, townships, wards, boroughs, or school 
districts; changing the names of persons or places; changing the venue 
in civil or criminal cases; authorizing the laying out, opening, altering, 
or maintaining roads, highways, streets, or alleys; relating to ferries or 
bridges, or incorporating ferry or bridge companies, except for the erec- 
tion of bridges crossing streams which form boundaries between this 
and any other State; vacating roads, town plats, streets, or alleys; relat- 
ing to cemeteries, graveyards, or public grounds not of the State; au- 
thorizing the adoption or legitimation of children; locating or changing 
county seats; erecting new counties, or changing county lines; incorpo- 
rating cities, towns, or villages, or changing their charters; for the 
opening and conducting of elections, or fixing or changing the place of 
voting; granting divorces; erecting new townships or boroughs; changing 
township lines, borough limits, or school districts; creating offices, or 
prescribing the powers and duties of officers in counties, cities, boroughs, 
townships, election, or school districts; changing the law of descent or 
succession; regulating the practice or jurisdiction of, or changing the 
rules of evidence in, any judicial proceeding or inquiry before courts, 
aldermen, justices of the peace, sheriffs, commissioners, arbitrators, 
auditors, masters in chancery, or other tribunals, or providing or chang- 
ing methods for the collection of debts, or the enforcing of judgments, 
or prescribing the effect of judicial sales of real estate; regulating the 
fees, or extending the powers and duties of aldermen, justices of the 
peace, magistrates, or constables; regulating the management of public 
schools, the building or repairing of schoolhouses, and the raising of 
money for such purposes; fixing the rate of interest; affecting the estates . 
of minors or persons under disability, except after due notice to all 
parties in interest, to be recited in the special enactment; remitting fines, 
penalties, and forfeitures, or refunding moneys legally paid into the 
treasury; exempting property from taxation; regulating labor, trade, 
mining, or manufacturing; creating corporations, or amending, renew- 
ing, or extending the charters thereof; granting to any corporation, asso- 
ciation, or individual, any special or exclusive privilege or immunity, or 
to any corporation, association, or individual, the right to lay down a 
railroad track; nor shall the General Assembly indirectly enact such 
special or local law by the partial repeal of a general law; but laws re- 
pealing local or special acts may be passed; nor shall any law be passed 
granting powers or privileges in any case where the granting of such 
powers and privileges shall have been provided for by general law, nor 
where the courts have jurisdiction to grant the same or give the relief 
asked for. 

Sec. 8. No local or special bill shall be passed unless notice of the 
intention to apply therefor shall have been published in the locality 53 
where the matter or the thing to be effected may be situated, which 






viii PENNSYLVANIA 

notice shall be at least thirty days prior to the introduction into the 
General Assembly of such bill and in the manner to be provided by 
law; the evidence of such notice having been published shall be ex- 
hibited in the General Assembly before such act shall be passed. 

Sec. 9. The presiding officer of each house shall, in the presence of 

54 the house over which he presides, sign all bills and joint resolutions 
passed by the General Assembly, after their titles have been publicly 
read immediately before signing; and the fact of signing shall be en- 
tered on the journal. 

Sec. 10. The General Assembly shall prescribe by law the number, 

55 duties and compensation of the officers and employees of each house; 
and no payment shall be made from the State treasury, or be in any way 
authorized, to any person, except to an acting officer or employee elected 
or appointed in pursuance of law. 

Sec. 11. No bill shall be passed giving any extra compensation to 

56 any public officer, servant, employee, agent or contractor, after services 
shall have been rendered or contract made, nor providing for the pay- 
ment of any claim against the Commonwealth without previous au- 
thority of law. 

Sec. 12. All stationery, printing paper, and fuel used in the legislative 

57 and other departments of government shall be furnished, and the print- 
ing, binding, and distributing of the laws, journals, department reports, 
and all other printing and binding, and the repairing and furnishing the 
halls and rooms used for the meetings of the General Assembly and its 
committees, shall be performed under contract to be given to the lowest 
responsible bidder below such maximum price and under such regula- 
tions as shall be prescribed by law; no member or officer of any depart- 
ment of the government shall be in any way interested in such con- 
tracts; and all such contracts shall be subject to the approval of the 
Governor, auditor general, and State treasurer. 

Sec. 13. No law shall extend the term of any public officer, or in- 

58 crease or diminish his salary or emoluments, after his election or ap- 
pointment. 

Sec. 14. All bills for raising revenue shall originate in the house of rep- 

59 resentatives, but the senate may propose amendments as in other bills. 

Sec. 15. The general appropriation bill shall embrace nothing but 

60 appropriations for the ordinary expenses of the executive, legislative, and 
judicial departments of the Commonwealth, interest on the public debt 
and for public schools; all other appropriations shall be made by sepa- 
rate bills, each embracing but one subject. 

Sac. 16. No money shall be paid out of the treasury except upon 
oi appropriations made by law and on warrant drawn by the proper officer 
in pursuance thereof. 

Ssc. 17. No appropriation shall be made to any charitable or edu- 
02 cational institution not under the absolute control of the Common- 
wealth, other than normal schools established by law for the profes- 



STATE CONSTITUTION ix 

sional training of teachers for the public schools of the State, except by 
a vote of two thirds of all the members elected to each house. 

Sec. 18. No appropriations, except for pensions or gratuities for 
military services, shall be made for charitable, educational, or benevo- 63 
lent purposes to any person or community, nor to any denominational or 
sectarian institution, corporation, or association. 

Sec. 19. The General Assembly may make appropriations of money 
to institutions wherein the widows of soldiers are supported or assisted, 64 
or the orphans of soldiers are maintained and educated; but such ap- 
propriations shall be applied exclusively to the support of such widows 
and orphans. 

Sec. 20. The General Assembly shall not delegate to any special 
commission, private corporation or association, any power to make, 65 
supervise, or interfere with any municipal improvement, money, prop- 
erty, or effects, whether held in trust or otherwise, or to levy taxes or 
perform any municipal function whatever. 

Sec. 21. No act of the General Assembly shall limit the amount to 
be recovered for injuries resulting in death, or for injuries to persons or 66 
property; and in case of death from such injuries, the right of action 
shall survive, and the General Assembly shall prescribe for whose bene- 
fit such actions shall be prosecuted. No act shall prescribe any limita- 
tions of time within which suits may be brought against corporations 
for injuries to persons or property, or for other causes different from 
those fixed by general laws regulating actions against natural persons, 
and such acts now existing are avoided. 

Sec. 22. No act of the General Assembly shall authorize the invest- 
ment of trust funds by executors, administrators, guardians or other 67 
trustees, in the bonds or stock of any private corporation, and such acts 
now existing are avoided, saving investments heretofore made. 

Sec. 23. The power to change the venue in civil and criminal cases 
shall be vested in the courts, to be exercised in such manner as shall be 68 
provided by law. 

Sec. 24. No obligation or liability of any railroad or other corpora- 
tion, held or owned by the Commonwealth, shall ever be exchanged, 69 
transferred, remitted, postponed, or in any way diminished by the Gen- 
eral Assembly, nor shall such liability or obligation be released, except 
by payment thereof into the State treasury. 

Sec. 25. When the General Assembly shall be convened in special 
session there shall be no legislation upon subjects other than those 70 
designated in the proclamation of the Governor calling such session. 

Sec. 26. Every order, resolution or vote, to which the concurrence 
of both houses may be necessary (except on the question of adjourn- 71 
ment), shall be presented to the Governor, and, before it shall take 
effect, be approved by him, or, being disapproved, shall be repassed by 
two-thirds of both houses, according to the rules and limitations pre- 
scribed in case of a bill. 



x PENNSYLVANIA 

Sec. 27. No State office shall be continued or created for the in- 

72 spection or measuring of any merchandise, manufacture, or commodity, 
but any county or municipality may appoint such officers when au- 
thorized by law. 

Sec. 28. No law changing the location of the capital of the State shall 

73 be valid, until the same shall have been submitted to the qualified 
electors of the Commonwealth at a general election, and ratified and 
approved by them. 

Sec. 29. A member of the General Assembly who shall solicit, de- 

74 mand, or receive or consent to receive, directly or indirectly, for himself 
or for another, from any company, corporation or person, any money, 
office, appointment, employment, testimonial, reward, thing of value, or 
enjoyment, or of personal advantage, or promise thereof, for his vote, 
or official influence, or for withholding the same, or with an understand- 
ing, expressed or implied, that his vote or official action shall be, in any 
way, influenced thereby, or who shall solicit, or demand any such 
money, or other advantage, matter, or thing aforesaid for another, as 
the consideration of his vote or official influence or for withholding the 
same, or shall give, or withhold his vote or influence, in consideration 
of the payment or promise of such money, advantage, matter or thing 
to another, shall be held guilty of bribery within the meaning of this 
Constitution, and shall incur the disabilities provided thereby for said 
offense, and such additional punishment as is or shall be provided by 
law. 

Sec. 30. Any person who shall, directly or indirectly, offer, give, or 

75 promise, any money or thing of value, testimonial, privilege or personal 
advantage to any executive or judicial officer, or member of the General 
Assembly, to influence him in the performance of any of his public or 
official duties, shall be guilty of bribery, and be punished in such manner 
as shall be provided by law. 

Sec. 31. The offense of corrupt solicitation of members of the Gen- 

76 eral Assembly, or of public officers of the State, or of any municipal 
division thereof, and any occupation, or practice of solicitation, of such 
members or officers, to influence their official action, shall be defined 
by law, and shall be punished by fine and imprisonment. 

Sec. 32. Any person may be compelled to testify in any lawful in- 

77 vestigation or judicial proceeding, against any person, who may be 
charged with having committed the offense of bribery or corrupt solicita- 
tion, or practices of solicitation, and shall not be permitted to withhold 
his testimony upon the ground that it may criminate himself, or sub- 
ject him to public infamy; but such testimony shall not afterwards be 
used against him in any judicial proceeding, except for perjury in giving 
such testimony; and any person convicted of either of the offenses afore- 
said shall, as part of the punishment therefor, be disqualified from hold- 
ing any office of honor, trust, or profit in this Commonwealth. 

Sec. 33. A member who has a personal or private interest in any 



STATE CONSTITUTION xi 

measure or bill proposed or pending before the General Assembly, shall 78 
disclose the fact to the house of which he is a member, and shall not 
vote thereon. 

ARTICLE IV 

The Executive 

Sec. 1. The executive department of this Commonwealth shall con- 
sist of a Governor, lieutenant governor, secretary of the Common- 79 
wealth, attorney-general, auditor-general, State treasurer, secretary of 
internal affairs, and a superintendent of public instruction. 

Sec. 2. The supreme executive power shall be vested in the Gov- 
ernor, who shall take care that the laws be faithfully executed; he shall 80 
be chosen on the day of the general election, by the qualified electors of 
the Commonwealth, at the places where they shall vote for repre- 
sentatives. The returns of every election for Governor shall be sealed 
up and transmitted to the seat of government, directed to the president 
of the senate, who shall open and publish them in the presence of the 
members of both houses of the General Assembly. The person having 
the highest number of votes shall be Governor; but if two or more be 
equal and highest in votes, one of them shall be chosen Governor by 
the joint vote of the members of both houses. Contested elections shall 
be determined by a committee, to be selected from both houses of the 
General Assembly, and formed and regulated in such a manner as shall 
be directed by law. 

Sec. 3. The Governor shall hold his office during four years, from 
the third Tuesday of January next ensuing his election, and shall not 81 
be eligible to the office for the next succeeding term. 

Sec. 4. A lieutenant governor shall be chosen at the same time, in 
the same manner, for the same term, and subject to the same provisions 82 
as the Governor; he shall be president of the senate, but shall have no 
vote unless they be equally divided. 

Sec. 5. No person shall be eligible to the office of Governor or 
lieutenant governor, except a citizen of the United States, who shall 83 
have attained the age of thirty years, and have been seven years next 
preceding his election an inhabitant of the State, unless he shall have 
been absent on the public business of the United States or of this State. 

Sec. 6. No member of Congress, or person holding an office under 
the United States or this State, shall exercise the office of Governor or 84 
lieutenant governor. 

Sec. 7. The Governor shall be commander in chief of the army and 
navy of the Commonwealth, and of the militia, except when they shall S5 
be called into the actual service of the United States. 

Sec. 8. He shall nominate, and, by and with the advice and consent 
of two thirds of all the members of the senate, appoint a secretary of 86 
the Commonwealth and an attorney-general during pleasure, a superin- 
tendent of public instruction for four years, and such other officers of the 



xii PENNSYLVANIA 

Commonwealth as he is or may be authorized by the Constitution or by 
law to appoint; he shall have power to fill all vacancies that may happen 
in offices to which he may appoint, during the recess of the senate, by 
granting commissions which shall expire at the end of their next session; 
he shall have power to fill any vacancy that may happen, during the 
recess of the senate, in the office of auditor-general, State treasurer, 
secretary of internal affairs, or superintendent of public instruction, in 
a judicial office, or in any other elective office which he is or may be 
authorized to fill; if the vacancy shall happen during the session of the 
senate, the Governor shall nominate to the senate, before their final 
adjournment, a proper person to fill said vacancy; but in any such case 
of vacancy in an elective office, a person shall be chosen to said office 
on the next election day appropriate to such office according to the pro- 
visions of this Constitution, unless the vacancy shall happen within two 
calendar months immediately preceding such election day, in which 
case the election for said office shall be held on the second succeeding 
election day appropriate to such office. In acting on executive nomina- 
tions the senate shall sit with open doors, and, in confirming or reject- 
ing the nominations of the Governor, the vote shall be taken by yeas 
and nays, and shall be entered on the journal. 

Sec. 9. He shall have power to remit fines and forfeitures, to grant 

87 reprieves, commutations of sentences, and pardons, except in cases of 
impeachment; but no pardon shall be granted nor sentence commuted, 
except upon the recommendation, in writing, of the lieutenant governor, 
secretary of the Commonwealth, attorney-general and secretary of in- 
ternal affairs, or any three of them, after full hearing, upon due public 
notice and in open session; and such recommendation, with the reasons 
therefor at length, shall be recorded and filed in the office of the secre- 
tary of the Commonwealth. 

Sec. 10. He may require information, in writing, from the officers of 

88 the executive department, upon any subject relating to the duties of their 
respective offices. 

Sec. 11. He shall, from time to time, give to the General Assembly 

89 information of the state of the Commonwealth, and recommend to their 
consideration such measures as he may judge expedient. 

Sec. 12. He may on extraordinary occasions, convene the General 

90 Assembly; and in case of disagreement between the two houses, with 
respect to the time of adjournment, adjourn them to such time as he 
shall think proper, not exceeding four months. He shall have power 
to convene the senate in extraordinary session by proclamation, for the 
transaction of executive business. 

Sec. 13. In case of the death, conviction or impeachment, failure to 

91 qualify, resignation, or other disability of the Governor, the powers, du- 
ties and emoluments of the office, for the remainder of the term, or until 
the disability be removed, shall devolve upon the lieutenant governor. 

Sec. 14. In case of a vacancy in the office of lieutenant governor, or 



STATE CONSTITUTION xiii 

when the lieutenant governor shall be impeached by the house of repre- 92 
sentatives, or shall be unable to exercise the duties of his office, the 
powers, duties, and emoluments thereof for the remainder of the term, 
or until the disability be removed, shall devolve upon the president pro 
tempore of the senate; and the president pro tempore of the senate shall 
in like manner become Governor if a vacancy or disability shall occur 
in the office of Governor; his seat as senator shall become vacant when- 
ever he shall become Governor, and shall be filled by election as any 
other vacancy in the senate. 

Sec. 15. Every bill which shall have passed both houses shall be 
presented to the Governor; if he approve he shall sign it; but if he shall 93 
not approve he shall return it, with his objections, to the house in which 
it shall have originated, which house shall enter the objections at large 
upon their journal and proceed to reconsider it. If, after such re- 
consideration, two thirds of all the members elected to the house shall 
agree to pass the bill, it shall be sent with the objections, to the other 
house, by which likewise it shall be reconsidered, and if approved by 
two thirds of all the members elected to that house, it shall be a law; 
but in such cases the votes of both houses shall be determined by yeas 
and nays, and the names of the members voting for and against the bill 
shall be entered on the journals of each house respectively. If any bill 
shall not be returned by the Governor within ten days after it shall have 
been presented to him, the same shall be a law, in like manner as if he 
had signed it, unless the General Assembly by their adjournment pre- 
vent its return; in which case it shall be a law, unless he shall file the 
same with his objections, in the office of the secretary of the Common- 
wealth, and give notice thereof by public proclamation within thirty days 
after such adjournment. 

Sec. 16. The Governor shall have power to disapprove of any item 
or items of any bill making appropriation of money, embracing distinct 94 
items, and the part or parts of the bill approved shall be the law, and 
the item or items of appropriations disapproved shall be void, unless 
repassed according to the rules and limitations prescribed for the pas- 
sage of other bills over the executive veto. 

Sec. 17. The chief justice of the supreme court shall preside upon 
the trial of any contested election of Governor or lieutenant governor, 95 
and shall decide questions regarding the admissibility of evidence, and 
shall, upon request of the committee, pronounce his opinion upon other 
questions of law involved in the trial. The Governor and lieutenant 
governor shall exercise the duties of their respective offices until their 
successors shall be duly qualified. 

Sec. 18. The secretary of the Commonwealth shall keep a record 
of all official acts and proceedings of the Governor, and when required, 90 
lay the same, with all papers, minutes, and vouchers relating thereto, 
before either branch of the General Assembly, and perform such other 
duties as may be enjoined upon him by law. 



xiv PENNSYLVANIA 

Sec. 19. The secretary of internal affairs shall exercise all the powers, 

97 and perform all the duties of the surveyor-general, subject to such 
changes as shall be made by law. His department shall embrace a 
bureau of industrial statistics, and he shall discharge such duties re- 
lating to corporations, to the charitable institutions, the agricultural, 
manufacturing, mining, mineral, timber, and other material or busi- 
ness interests of the State as may be prescribed by law. He shall an- 
nually, and at such other times as may be required by law, make re- 
port to the General Assembly. 

Sec. 20. The superintendent of public instruction shall exercise all 

98 the powers and perform all the duties of the superintendent of common 
schools, subject to such changes as shall be made by law. 

Sec. 21. The terms of the secretary of internal affairs, the auditor- 

99 general, and the State treasurer shall each be four years; and they shall 
be chosen by the qualified electors of the State at general elections; but 
a State treasurer, elected in the year one thousand nine hundred and 
nine, shall serve for three years, and his successors shall be elected at 
the general election in the year one thousand nine hundred and twelve, 
and every fourth year thereafter. No person elected to the office of 
auditor-general or State treasurer shall be capable of holding the same 
office for two consecutive terms. 

Sec. 22. The present great seal of Pennsylvania shall be the seal of 

100 the State. All commissions shall be in the name and by authority of the 
Commonwealth of Pennsylvania, and be sealed with the State seal, and 
signed by the Governor. 

ARTICLE V 
The Judiciary- 
Sec. 1. The judicial power of this Commonwealth shall be vested 

101 in a supreme court, in courts of common pleas, courts of oyer and 
terminer and general jail delivery, courts of quarter sessions of the 
peace, orphans' courts, magistrates' courts, and in such other courts as 
the General Assembly may from time to time establish. 

Sec. 2. The supreme court shall consist of seven judges, who shall 

102 be elected by the qualified electors of the State at large. They shall hold 
their offices for the term of twenty-one years, if they so long behave 
themselves well, but shall not be again eligible. The judge whose com- 
mission shall first expire shall be chief justice, and thereafter each judge 
whose commission shall first expire shall in turn be chief justice. 

Sec. 3. The jurisdiction of the supreme court shall extend over the 

103 State, and the judges thereof shall, by virtue of their offices, be justices 
of oyer and terminer and general jail delivery in the several counties, 
they shall have original jurisdiction in cases of injunction where a cor- 
poration is a party defendant, of habeas corpus, of mandamus to courts 



STATE CONSTITUTION xv 

of inferior jurisdiction, and of quo warranto as to all officers of the 
Commonwealth whose jurisdiction extends over the State, but shall not 
exercise any other original jurisdiction: they shall have appellate juris- 
diction by appeal, certiorari, or writ of error, in all cases, as is now or 
may hereafter be provided by law. 

Sec. 4. Until otherwise directed by law, the courts of common pleas 
shall continue as at present established, except as herein changed; not 104 
more than four counties shall at any time, be included in one judicial 
district organized for said courts. 

Sec. 5, Whenever a county shall contain forty thousand inhabitants 
it shall constitute a separate judicial district, and shall elect one judge 105 
learned in the law; and the "General Assembly shall provide for addi- 
tional judges, as the business of the said districts may require. Counties 
containing a population less than is sufficient to constitute separate dis- 
tricts shall be formed into convenient single districts, or, if necessary, 
may be attached to contiguous districts as the General Assembly may 
provide. The office of associate judge, not learned in law, is abolished 
in counties forming separate districts; but the several associate judges 
in office when the Constitution shall be adopted shall serve for their 
unexpired terms. 

Sec. 6. In the counties of Philadelphia and Allegheny all the juris- 
diction and powers now vested in the district courts of common pleas, 106 
subject to such changes as may be made by this Constitution or by law, 
shall be, in Philadelphia, vested in four and in Allegheny in two, distinct 
and separate courts of equal and coordinate jurisdiction, composed of 
three judges each; the said courts in Philadelphia shall be designated 
respectively as the court of common pleas number one, number two, 
number three, and number four, and in Allegheny as the court of com- 
mon pleas number one and number two, but the number of said courts 
may be by law increased, from time to time, and shall be in like manner 
designated by successive numbers; the number of judges in any of said 
courts, or in any county where the establishment of an additional court 
may be authorized by law, may be increased from time to time, and 
whenever such increase shall amount in the whole to three, such three 
judges shall compose a distinct and separate court as aforesaid, which 
shall be numbered as aforesaid. In Philadelphia, all suits shall be in- 
stituted in the said courts of common pleas without designating the 
number of said court, and the several courts shall distribute and appor- 
tion the business among them in such manner as shall be provided by 
rules of court; and each court to which any suit shall be thus assigned, 
shall have exclusive jurisdiction thereof, subject to change of venue, 
as shall be provided by law. In Allegheny each court shall have ex- 
clusive jurisdiction of all proceedings at law and in equity, commenced 
therein, subject to change of venue, as may be provided by law. 

Sec. 7. For Philadelphia there shall be one prothonotary's office and 
one prothonotary for all said courts, to be appointed by the judges ofio7 



xvi PENNSYLVANIA 

said courts, and to hold office for three years, subject to removal by a 
majority of the said judges; the said prothonotary shall appoint such 
assistants as may be necessary and authorized by said courts; and he 
and his assistants shall receive fixed salaries, to be determined by law 
and paid by said county; all fees collected in said office, except such as 
may be by law due to the Commonwealth, shall be paid by the pro- 
thonotary into the county treasury. Each court shall have its separate 
dockets, except the judgment docket, which shall contain the judg- 
ments and liens of all the said courts, as is or may be directed by law. 
Sec. 8. The said courts in the counties of Philadelphia and Alle- 

108 gheny, respectively, shall, from time to time, in turn, detail one or more 
of their judges to hold the courts of oyer and terminer and the courts of 
quarter sessions of the peace of said counties, in such manner as may be 
directed by law. 

Sec. 9. Judges of the courts of common pleas learned in the law 

109 shall be judges of the courts of oyer and terminer, quarter sessions of 
the peace and general jail delivery, and of the orphans' court) and 
within their respective districts, shall be justices of the peace as to 
criminal matters. 

Sec. 10. The judges of the courts of common pleas, within their 

no respective counties, shall have the power to issue writs of certiorari to 

justices of the peace, and other inferior courts not of record, and to 

cause their proceedings to be brought before them, and right and justice 

to be done. 

Sec. 11. Except as otherwise provided in this Constitution, justices 

111 of the peace or aldermen, shall be elected in the several wards, districts, 
boroughs, and townships, by the qualified electors thereof, at the 
municipal election, in such manner as shall be directed by law, and 
shall be commissioned by the Governor for a term of six years. No 
township, ward, district, or borough shall elect more than two justices 
of the peace or aldermen, without the consent of a majority of the 
qualified electors within such township, w r ard, or borough; no per- 
son shall be elected to such office unless he shall have resided within 
the township, borough, ward, or district, for one year next preceding 
his election. In cities containing over fifty thousand inhabitants, not 
more than one alderman shall be elected in each ward or district. 

Sec. 12. In Philadelphia there shall be established, for each thirty 

112 thousand inhabitants, one court, not of record, of police and civil 
causes, with jurisdiction not exceeding one hundred dollars; such courts 
shall be held by magistrates whose term of office shall be six years, and 
they shall be elected on general ticket at the municipal election, by the 
qualified voters at large; and in the election of the said magistrates 
no voter shall vote for more than two thirds of the number of persons 
to be elected when more than one are to be chosen; they shall be com- 
pensated only by fixed salaries, to be paid by said county; and shall 
exercise such jurisdiction, civil and criminal, except as herein provided, 



STATE CONSTITUTION xvii 

as is now exercised by aldermen, subject to such changes, not involving 
an increase of civil jurisdiction or conferring political duties, as may 
be made by law. In Philadelphia the office of alderman is abolished. 

Sec. 13. All fees, fines, and penalties in said courts shall be paid 
into the county treasury. 1 1 3 

Sec. 14. In all cases of summary conviction in this Commonwealth, 
or of judgment in suit for a penalty before a magistrate or court not of 114 
record, either party may appeal to such court of record as may be pre- 
scribed by law, upon allowance of the appellate court, or judge thereof, 
upon cause shown. 

Sec. 15. All judges required to be learned in the law, except the 
judges of the supreme court, shall be elected by the qualified electors 115 
of the respective districts over which they are to preside, and shall hold 
their offices for the period of ten years, if they shall so long behave 
themselves well; but for any reasonable cause, which shall not be suffi- 
cient ground for impeachment, the Governor may remove any of them 
on the address of two thirds of each house of the General Assembly. 

Sec. 16. Whenever two judges of the supreme court are to be chosen 
for the same term of service, each voter shall vote for one only, and when 1 1 6 
three are to be chosen he shall vote for no more than two; candidates 
highest in yote shall be declared elected. 

Sec. 17. Should any two or more judges in the supreme court, or 
any two or more judges of the court of common pleas for the same 117 
district, be elected at the same time, they shall, as soon after the elec- 
tion as convenient, cast lots for priority of commission, and certify the 
result to the Governor, who shall issue their commissions in accordance 
therewith. 

Sec. 18. The judges of the supreme court and the judges of the 
several courts of common pleas, and all other judges required to be 118 
learned in the law, shall, at stated times, receive for their services an 
adequate compensation, which shall be fixed by law, and paid by the 
State. They shall receive no other compensation, fees, or perquisites 
of office, for their services from any source, nor hold any other office 
of profit under the United States, this State, or any other State. 

Sec. 19. The judges of the supreme court, during their continu- 
ance in office, shall reside within this Commonwealth; and the other 119 
judges during their continuance in office shall reside within the dis- 
tricts for which they shall be respectively elected. 

Sec. 20. The several courts of common pleas, besides the powers 
herein conferred, shall have and exercise within their respective dis- 120 
tricts, subject to such changes as may be made by law, such chancery 
powers as are now vested by law in the several courts of common pleas of 
this Commonwealth, or as may hereafter be conferred upon them by law. 

Sec. 21. No duties shall be imposed by law upon the supreme court 
or any of the judges thereof except such as are judicial; nor shall any 121 
of the judges exercise any power of appointment except as herein pro- 



xvni PENNSYLVANIA 

vided. The court of nisi prius is hereby abolished, and no court of 
original jurisdiction to be presided over by any one or more of the 
judges of the supreme court shall be established. 

Sec. 22. In every county wherein the population shall exceed one 

122 hundred and fifty thousand, the General Assembly shall, and in any 
other county may, establish a separate orphans' court, to consist of one 
or more judges who shall be learned in the law, which court shall exer- 
cise all the jurisdiction and powers now vested in or which may here- 
after be conferred upon the orphans' court, and thereupon the juris- 
diction of the judges of the court of common pleas within such county, 
in orphans' court proceedings, shall cease and determine. In any 
county in which a separate orphans' court shall be established, the 
register of wills shall be clerk of such court and subject to its directions, 
in all matters pertaining to his office; he may appoint assistant clerks, 
but only with the consent and approval of said court. All accounts 
filed with him as register or as clerk of the said separate orphans' court, 
shall be audited by the said court without expense to parties, except 
where all parties in interest in a pending proceeding shall nominate 
an auditor whom the court may, in its discretion, appoint. In every 
county orphans' courts shall possess all the powers and jurisdiction of 
a registers' court, and separate registers' courts are hereby abolished. 

Sec. 23. The style of all process shall be "The Commonwealth of 

123 Pennsylvania." All prosecutions shall be carried on in the name and 
by the authority of the Commonwealth of Pennsylvania, and conclude 
"against the peace and dignity of the same." 

Sec. 24. In all cases of felonious homicide, and in such other crimi- 

124 nal cases as may be provided for by law, the accused, after conviction 
and sentence, may remove the indictment, record, and all proceedings 
to the supreme court for review. 

Sec. 25. Any vacancy happening by death, resignation, or other- 

125 wise, in any court of record, shall be filled by appointment by the 
Governor, to continue till the first Monday of January next succeeding 
the first general election, which shall occur three or more months after 
the happening of such vacancy. 

Sec. 26. All laws relating to courts shall be general, and of uniform 

126 operations, and the organization, jurisdiction, and powers of all courts 
of the same class or grade, so far as regulated by law, and the force and 
effect of the process and judgments of such courts shall be uniform; 
and the General Assembly is hereby prohibited from creating other 
courts to exercise the powers vested by this Constitution in the judges 
of the courts of common pleas and orphans' courts. 

Sec. 27. The parties by agreement filed, may in any civil case dis- 
I27pense with trial by jury, and submit the decision of such case to the 
court having jurisdiction thereof, and such court shall hear and deter- 
mine the same; and the judgment thereon shall be subject to writ of 
error, as in other cases. 



STATE CONSTITUTION xix 

ARTICLE VI 
Impeachment and Removal from Office 

Sec. 1. The house of representatives shall have the sole power of 
impeachment. 128 

Sec. 2. All impeachments shall be tried by the senate. When sit- 
ting for that purpose, the senators shall be upon oath or affirmation. 129 
No person shall be convicted without the concurrence of two thirds of 
the members present. 

Sec. 3. The Governor, and all other civil officers, shall be liable 
to impeachment for any misdemeanor in office; but judgment in such 130 
cas^s shall not extend further than to removal from office, and dis- 
qualification to hold any office of trust or profit under this Common- 
wealth; the person accused, whether convicted or acquitted, shall 
nevertheless be liable to indictment, trial, judgment, and punishment, 
according to law. 

Sec. 4. All officers shall hold their offices on the condition that they 
behave themselves well while in office, and shall be removed on con- 131 
viction of misbehavior in office, or of any infamous crime. Appointed 
officers, other than judges of the courts of record and the superintendent 
of public instruction, may be removed at the pleasure of the power by 
which they shall have been appointed. All officers elected by the peo- 
ple, except Governor, lieutenant governor, members of the General 
Assembly, and judges of the courts of record learned in the law, shall 
be removed by the Governor for reasonable cause, after due notice and 
full hearing, on the address of two thirds of the senate. 

ARTICLE VII 
Oath of Office 

Sec. 1. Senators and representatives, and all judicial, State, and 
county officers, shall, before entering on the duties of their respective 132 
offices, take and subscribe the following oath or affirmation: 

"I do solemnly swear (or affirm) that I will support, obey, and de- 
fend the Constitution of the United States, and the Constitution of 
this Commonwealth, and that I will discharge the duties of my office 
with fidelity; that I have not paid or contributed, or promised to pay 
or contribute, either directly or indirectly, any money or other valuable 
thing, to procure my nomination or election (or appointment), except 
for necessary and proper expenses expressly authorized by law; that I 
have not knowingly violated any election law of this Commonwealth, 
or procured it to be done by others in my behalf; that I will not know- 
ingly receive, directly or indirectly, any moneys or other valuable thing 
for the performance or nonperformance of any act or duty pertaining 
to my office, other than the compensation allowed by law." 



. xx PENNSYLYAXIA 

The foregoing oath shall be administered by some person authorized 
to administer oaths, and in the case of State officers and judges of the 
supreme court, shall be filed in the office of the secretary of the Com- 
monwealth, and in the case of other judicial and county officers, in the 
office of the prothonotary of the county in which the same is taken; 
any person refusing to take said oath or affirmation shall forfeit his 
office, and any person who shall be convicted of having sworn or affirmed 
falsely, or of having violated said oath or affirmation, shall be guilty of 
perjury, and be forever disqualified from holding any office of trust or 
profit within this Commonwealth. The oath to the members of the 
senate and house of representatives shall be administered by one of the 
judges of the supreme court or of a court of common pleas, learned in 
the law, in the hall of the house to which the members shall be elected, 

ARTICLE Vm 
Suffrage and Elections 

Sec. 1. Even' male citizen twenty -one years of age, possessing the 

133 following qualifications, shall be entitled to vote at all elections, sub- 
ject however to such laws requiring and regulating the registration of 
electors as the General Assembly may enact: 

First. He shall have been a citizen of the United States at least one 
month. 

Second. He shall have resided in the State one year (or, having 
previously been a qualified elector or native-born citizen of the State, 
he shall have removed therefrom and returned, then six months), im- 
mediately preceding the election. 

Third. He shall have resided in the election district where he shall 
offer to vote at least two months immediately preceding the election. 

Fourth. If twenty -two years of age and upwards, he shall have paid 
within two years a State or county tax, which shall have been assessed 
at least two months and paid at least one month before the election. 

Sec. 2. The general election shall be held biennially on the Tuesday 

134 next following the first Monday of November, in each even-numbered 
year, but the General Assembly may by law fix a different day, two 
thirds of all the members of each house consenting thereto: Provided, 
That such election shall always be held in an even-numbered year. 

Sec. 3. All judges elected by the electors of the State at large may 

135 be elected at either a general or a municipal election, as circumstances 
may require. All elections for judges of the courts for the several 
judicial districts, and for county, city, ward, borough, and township 
officers, for regular terms of service, shall be held on the municipal 
election day; namely, the Tuesday next following the first Monday of 
November in each odd-numbered year, but the General Assembly 
may by law fix a different day, two thirds of all the members of each 



STATE CONSTITUTION xxi 

house consenting thereto: Provided, That such election shall always 
be held in an odd-numbered year. 

Sec. 4. All elections by the citizens shall be by ballot or by such 
other method as may be prescribed by law. Provided, That secrecy 136 
in voting be preserved. 

Sec. 5. Electors shall in all cases, except treason, felony and breach 
or surety of the peace, be privileged from arrest during their attendance 137 
on elections, and going to and returning therefrom. 

Sec. 6. Whenever any of the qualified electors of this Common- 
wealth shall be in actual military service, under a requisition from the 138 
President of the United States, or by the authority of this Common- 
wealth, such electors may exercise the right of suffrage in all elections 
by the citizens, under such regulations as are, or shall be, prescribed 
by law, as fully as if they were present at their usual places of election. 

Sec. 7. All laws regulating the holding of elections by the citizens 
or for the registration of electors shall be uniform throughout the State, 139 
but laws regulating and requiring the registration of electors may be 
enacted to apply to cities only: Provided, That such laws be uniform 
for cities of the same class. 

Sec. 8. Any person who shall give, or promise or offer to give, to an 
elector, any money, reward or other valuable consideration for his vote 
at an election, or for withholding the same, or who shall give or promise 140 
to give such consideration to any other person or party for such elector's 
vote or for the withholding thereof, and any elector who shall receive 
or agree to receive, for himself or for another, any money, reward or 
other valuable consideration for his vote at an election, or for with- 
holding the same, shall thereby forfeit the right to vote at such elec- 
tion, and any elector whose right to vote shall be challenged for such 
cause before the election officers, shall be required to swear or affirm 
that the matter of the challenge is untrue before his vote shall be received. 

Sec. 9. Any person who shall, while a candidate for office, be guilty 
of bribery, fraud, or willful violation of any election law, shall be for- 
ever disqualified from holding an office of trust or profit in this Com- 141 
monwealth; and any person convicted of willful violation of the elec- 
tion laws shall, in addition to any penalties provided by law, be de- 
prived of the right of suffrage absolutely for a term of four years. 

Sec. 10. In trials of contested elections and in proceedings for the 
investigation of elections, no person shall be permitted to withhold his 
testimony upon the ground that it may criminate himself or subject 142 
him to public infamy; but such testimony shall not afterwards be used 
against him in any judicial proceeding except for perjury in giving such 
testimony. 

Sec. 11. Townships and wards of cities or boroughs, shall form or 
be divided into election districts of compact and contiguous territory, 143 
in such manner as the court of quarter sessions of the city or county in 
which the same are located may direct; but districts in cities of over one 



xxii PENNSYLVANIA 

hundred thousand inhabitants shall be divided by the courts of quarter 
sessions having jurisdiction therein whenever at the next preceding 
election more than two hundred and fifty votes shall have been polled 
therein; and other election districts whenever the court of the proper 
county shall be of opinion that the convenience of the electors and the 
public interests will be promoted thereby. 

144 Sec. 12. All elections by persons in a representative capacity shall 
be viva voce. 

Sec. 13. For the purpose of voting no person shall be deemed to 

145 have gained a residence by reason of his presence, or lost it by reason 
of his absence, while employed in the service, either civil or military, of 
this State or of the United States, nor while engaged in the navigation 
of the waters of the State or of the United States, or on the high seas, 
nor while a student of any institution of learning, nor while kept in any 
poorhouse or other asylum at public expense, nor when confined in 
public prison. 

Sec. 14. District election boards shall consist of a judge and two 

146 inspectors, who shall be chosen annually by the citizens. Each elector 
shall have the right to vote for the judge and one inspector, and each 
inspector shall appoint one clerk. The first election board for any new 
district shall be selected, and vacancies in election boards filled as shall 
be provided by law. Election officers shall be privileged from arrest 
upon days of election, and while engaged in making up and transmitting 
returns, except upon warrant of court of record, or judge thereof, for an 
election fraud, for felony, or wanton breach of the peace. In cities they 
may claim exemption from jury duty during their terms of service. 

Sec. 15. No person shall be qualified to serve as an election officer 

147 who shall hold, or shall within two months have held, an office, appoint- 
ment, or employment in or under the government of the United States 
or of this State, or of any city or county, or of any municipal board, 
commission, or trust in any city, save only justices of the peace, and 
aldermen, notaries public, and persons in the militia service of the 
State; nor shall any election officer be eligible to any civil office to be 
filled at an election at which he shall serve, save only to such subordinate 
municipal or local offices, below the grade of city or county offices, as 
shall be designated by general law. 

Sec. 16. The courts of common pleas of the several counties of the 
Commonwealth shall have power, within their respective jurisdictions, 

148 to appoint overseers of election to supervise the proceedings of election 
officers, and to make report to the court as may be required; such ap- 
pointments to be made for any district in a city or county upon petition 
of five citizens, lawful voters of such election districts, setting forth that 
such appointment is a reasonable precaution to secure the purity and 
fairness of elections; overseers shall be two in number for an election 
district, shall be residents therein, and shall be persons qualified to 
serve upon election boards, and in each case members of different 



STATE CONSTITUTION xxm 

political parties. Whenever the members of an election board shall 
differ in opinion, the overseers, if they shall be agreed thereon, shall de- 
cide the question of difference; in appointing overseers of election, all 
the law judges of the proper court, able to act at the time, shall concur 
in the appointments made. 

Sec. 17. The trial and determination of contested elections of Electors 
of President and Vice President, members of the General Assembly, 149 
and of all public officers, whether State, judicial, municipal, or local, 
shall be by the courts of law, or by one or more of the law judges thereof; 
the General Assembly shall, by general law, designate the courts and 
judges by whom the several classes of election contests shall be tried, 
and regulate the manner "of trial, and all matters incident thereto; but 
no such law assigning jurisdiction, or regulating its exercise, shall apply 
to any contest arising out of an election held before its passage. 

ARTICLE IX 
Taxation and Finance 

Sec. 1. All taxes shall be uniform, upon the same class of subjects, 
within the territorial limits of the authority levying the tax, and shall 150 
be levied and collected under general laws; but the General Assembly 
may, by general laws, exempt from taxation public property used for 
public purposes, actual places of religious worship, places of burial 
not used or held for private or corporate profit, and institutions of a 
purely public charity. 

Sec. 2. All laws exempting property from taxation, other than the 
property above enumerated, shall be void. 151 

Sec. 3. The power to tax corporations and corporate property shall 
not be surrendered or suspended by any contract of grant to which the 152 
State shall be a party. 

Sec. 4. No debt shall be created by or on behalf of the State, except 
to supply casual deficiencies of revenue, repel invasions, suppress in- 153 
surrections, defend the State in war, or to pay existing debt; and the 
debt created to supply deficiencies in revenue shall never exceed, in the 
aggregate at any one time, one million of dollars. 

Sec. 5. All laws authorizing the borrowing of money by and on 
behalf of the State, shall specify the purpose for which the money is to 154 
be used, and the money so borrowed shall be used for the purpose 
specified, and no other. 

Sec. 6. The credit of the Commonwealth shall not be pledged or 
loaned to any individual, company, corporation or association, nor 155 
shall the Commonwealth become a joint owner or stockholder in any 
company, association or corporation. 

Sec. 7. The General Assembly shall not authorize any county, city, 
borough, township, or incorporated district to become a stockholder in 1 56 
any company, association or corporation, or to obtain or appropriate 






xxiv PENNSYLVANIA 

money for, or to loan its credit to, any corporation, association, institu- 
tion, or individual. 

Sec. 8. The debt of any county, city, borough, township, school 

157 district, or other municipality or incorporated district, except as herein 
provided, shall never exceed seven per centum upon the assessed value 
of the taxable property therein, nor shall any such municipality or dis- 
trict incur any new debt, or increase its indebtedness to an amount 
exceeding two per centum upon such assessed valuation of property, 
without the assent of the electors thereof at a public election in such 
manner as shall be provided by law; but any city, the debt of which 
now exceeds seven per centum of such assessed valuation, may be 
authorized by law to increase the same three per centum, in the ag- 
gregate at any one time, upon such valuation. 

Sec. 9. The Commonwealth shall not assume the debt, or any part 

1 58 thereof, of any city, county, borough, or township, unless such debt 
shall have been contracted to enable the State to repel invasion, sup- 
press domestic insurrection, defend itself in time of war, or to assist 
the State in the discharge of any portion of its present indebtedness. 

Sec. 10. Any county, township, school district, or other munici- 
I59pality, incurring any indebtedness, shall, at or before the time of so 
doing, provide for the collection of an annual tax, sufficient to pay the 
interest, and also the principal thereof within thirty years. 

Sec. 11. To provide for the payment of the present State debt, and 

160 any additional debt contracted as aforesaid, the General Assembly 
shall continue and maintain the sinking fund sufficient to pay the ac- 
cruing interest on such debt, and annually to reduce the principal 
thereof by a sum not less than two hundred and fifty thousand dollars; 
the said sinking fund shall consist of the proceeds of the sales of public 
works, or any part thereof, and of the income or proceeds of the sale 
of any stocks owned by the Commonwealth, together with other funds 
and resources that may be designated by law, and shall be increased 
from time to time by assigning to it any part of the taxes, or other 
revenues of the State, not required for the ordinary and current ex- 
penses of government; and unless in case of war, invasion or insurrec- 
tion, no part of the said sinking fund shall be used or applied otherwise 
than in the extinguishment of the public debt. 

Sec. 12. The moneys of the State, over and above the necessary 

161 reserve, shall be used in the payment of the debt of the State, either di- 
rectly or through the sinking fund, and the moneys of the sinking fund 
shall never be invested in or loaned upon the security of anything, ex- 
cept the bonds of the United States, or of this State. 

Sec. 13. The moneys held as necessary reserve shall be limited by 

162 law to the amount required for current expenses, and shall be secured 
and kept as may be provided by law. Monthly statements shall be 
published, showing the amount of such moneys, where the same are 
deposited and how secured. 



STATE CONSTITUTION xxv 

Sec. 14. The making of profit out of the public moneys, or using the 
same for any purpose not authorized by law, by any officer of the State, 163 
or member or officer of the General Assembly, shall be a misdemeanor, 
and shall be punished as may be provided by law, but part of such 
punishment shall be disqualification to hold office for a period of not 
less than five years. 

ARTICLE X 
Education 

Sec. 1. The General Assembly shall provide for the maintenance 
and support of a thorough and efficient system of public schools, wherein 164 
all the children of this Commonwealth, above the age of six years, may 
be educated, and shall appropriate at least one million dollars each year 
for that purpose. 

Sec. 2. No money raised for the support of the public schools of the 
Commonwealth, shall be appropriated to, or used for, the support of 165 
any sectarian school. 

Sec. 3. Women twenty-one years of age and upwards shall be eligible 
to any office of control or management under the school laws of this 166 
State. 

ARTICLE XI 

Militia 

Sec. 1. The freemen of this Commonwealth shall be armed, or- 
ganized and disciplined for its defense, when, and in such manner as 167 
may be directed by law. The General Assembly shall provide for main- 
taining the militia, by appropriations from the treasury of the Common- 
wealth, and may exempt from military service persons having con- 
scientious scruples against bearing arms. 

ARTICLE XII 
Public Officers 

Sec. 1. All officers, whose selection is not provided for in this Con- 
stitution, shall be elected or appointed, as may be directed by law: 168 
Provided, That elections of State officers shall be held on a general 
election day, and elections of local officers shall be held on a municipal 
election day, except when, in either case, special elections may be re- 
quired to fill unexpired terms. 

Sec. 2. No member of Congress from this State, nor any person 
holding or exercising any office or appointment of trust or profit under 169 
the United States, shall at the same time hold or exercise any office in 
this State to which a salary, fees, or perquisites shall be attached. The 
General Assembly may by law declare what offices are incompatible. 



xxvi ' PENNSYLVANIA 

Sec. 3. Any person who shall fight a duel, or send a challenge for 

170 that purpose, or be aider or abettor in fighting a duel, shall be deprived 
of the right of holding any office of honor or profit in this State, and 
may be otherwise punished as shall be prescribed by law. 

ARTICLE XIII 
New Counties 

Sec. 1. No new county shall be established which shall reduce any 

171 county to less than four hundred square miles, or to less than twenty 
thousand inhabitants, nor shall any county be formed of less area, or 
containing a less population; nor shall any line thereof pass within ten 
miles of the county seat of any county proposed to be divided. 

ARTICLE XIV 

County Officers 

/ I 

Sec. 1. County officers shall consist of sheriffs, coroners, prothono- 

I72taries, registers of wills, recorders of deeds, commissioners, treasurers, 

surveyors, auditors or controllers, clerks of the courts, district attorneys, 

and such others as may from time to time be established by law; and 

no sheriff or treasurer shall be eligible for the term next succeeding the 

one for which he may be elected. 

Sec. 2. County officers shall be elected at the municipal elections, and 

173 shall hold their offices for the term of four years beginning on the first 
Monday of January next after their election, and until their successors 
shall be duly qualified; all vacancies not otherwise provided for, shall 
be filled in such manner as may be provided by law. 

Sec. 3. No person shall be appointed to any office within any county, 

174 who shall not have been a citizen and an inhabitant therein one year 
next before his appointment, if the county shall have been so long 
erected, but if it shall not have been so long erected, then within the 
limits of the county or counties out of which it shall have been taken. 

Sec. 4. Prothonotaries, clerks of the courts, recorders of deeds, 

175 registers of wills, county surveyors, and sheriffs, shall keep their offices 
in the county town of the county in which they respectively shall be 
officers. 

Sec. 5. The compensation of county officers shall be regulated by 

176 law, and all county officers who are or may be salaried shall pay all 
fees which they may be authorized to receive, into the treasury of the 
county or State, as may be directed by law. In counties containing 
over one hundred and fifty thousand inhabitants all county officers shall 
be paid by salary, and the salary of any such officer and his clerks, 
heretofore paid by fees, shall not exceed the aggregate amount of fees 
earned during his term and collected by or for him. 



STATE CONSTITUTION xxvii 

Sec. 6. The General Assembly shall provide by law for the strict 
accountability of all county, township and borough officers, as well as 177 
for the fees which may be collected by them, as for all public or mu- 
nicipal moneys which may be paid to them. 

Sec. 7. Three county commissioners and three county auditors shall 
be elected in each county where such officers are chosen, in the year one 178 
thousand nine hundred and eleven and every fourth year thereafter; 
and in the election of said officers each qualified elector shall vote for 
no more than two persons, and the three persons having the highest 
number of votes shall be elected; any casual vacancy in the office of 
county commissioner or county auditor shall be filled, by the court of 
common pleas of the county in which such vacancy shall occur, by the 
appointment of an elector of the proper county who shall have voted 
for the commissioner or auditor whose place is to be filled. 

ARTICLE XV 
Cities and City Charters 

Sec. 1. Cities may be chartered whenever a majority of the electors 
of any town or borough having a population of at least ten thousand 179 
shall vote at any general election in favor of the same. 

Sec. 2. No debt shall be contracted or liability incurred by any 
municipal commission, except in pursuance of an appropriation previ- 180 
ously made therefor by the municipal government. 

Sec. 3. Every city shall create a sinking fund, which shall be in- 
violably pledged for the payment of its funded debt. 181 

ARTICLE XVI 

Private Corporations 

Sec. 1. All existing charters, or grants of special or exclusive privi- 
leges, under which a bona fide organization shall not have taken place 182 
and business commenced in good faith, at the time of the adoption of 
this Constitution, shall thereafter have no validity. 

Sec. 2. The General Assembly shall not remit the forfeiture of the 
charter of any corporation now existing, or alter or amend the same, or 183 
pass any other general or special law for the benefit of such corporation, 
except upon the condition that such corporation shall thereafter hold 
its charter subject to the provisions of this Constitution. 

Sec. 3. The exercise of the right of eminent domain shall never be 
abridged or so construed as to prevent the General Assembly from 184 
taking the property and franchises of incorporated companies, and sub- 
jecting them to public use, the same as the property of individuals; and 
the exercise of the police power of the State shall never be abridged or 



xxviii PENNSYLVANIA 

so construed as to permit corporations to conduct their business in such 
manner as to infringe the equal rights of individuals or the general 
well-being of the State. 

Sec. 4, In all elections for directors or managers of a corporation 

185 each member or shareholder may cast the whole number of his votes 
for one candidate, or distribute them upon two or more candidates, as 
he may prefer. 

Sec. 5. No foreign corporation shall do any business in this State 

186 without having one or more known places of business and an authorized 
agent or agents in the same upon whom process may be served. 

Sec, 6, No corporation shall engage in any business other than that 

187 expressly authorized in its charter, nor shall it take or hold any real 
estate except such as may be necessary and proper for its legitimate 
business. 

Sec. 7, No corporation shall issue stocks or bonds except for money, 

188 labor done, or money or property actually received; and all fictitious 
increase of stock or indebtedness shall be void. The stock and indebted- 
ness of corporations shall not be increased except in .pursuance of gen- 
eral law, nor without the consent of the persons holding the larger 
amount in value of the stock first obtained at a meeting to be held after 
sixty days' notice given in pursuance of law. 

Sec, 8, Municipal and other corporations and individuals invested 

189 with the privilege of taking private property for public use shall make 
just compensation for property taken, injured or destroyed by the con- 
struction or enlargement of their works, highways or improvements, 
which compensation shall be paid or secured before such taking, in- 
jury, or destruction. The General Assembly is hereby prohibited from 
depriving any person of an appeal from any preliminary assessment of 
damages against any such corporations or individuals made by viewers 
or otherwise; and the amount of such damages in all cases of appeal 
shall, on the demand of either party, be determined by a jury, accord- 
ing to the course of the common law. 

Sec. 9. Every banking law shall provide for the registry and counter- 

190 signing, by an officer of the State, of all notes or bills designed for circu- 
lation, and that ample security to the full amount thereof shall be de- 
posited with the auditor-general for the redemption of such notes or 
bills. 

Sec. 10, The General Assembly shall have the power to alter, revoke 

191 or annul any charter of incorporation now existing and revocable at 
the adoption of this Constitution, or any that may hereafter be created, 
whenever, in their opinion it may be injurious to the citizens of this 
Commonwealth, in such manner, however, that no injustice shall be 
done to the corporators. No law hereafter enacted shall create, renew 
or extend the charter of more than one corporation. 

Sec. 11. No corporate body to possess banking and discounting 

192 privileges shall be created or organized in pursuance of any law without 



STATE CONSTITUTION xxix 

three months' previous public notice, at the place of the intended loca- 
tion, of the intention to apply for such privileges, in such manner as shall 
be prescribed by law, nor shall a charter for such privilege be granted 
for a longer period than twenty years. 

Sec. 12. Any association or corporation, organized for the purpose, 
or any individual, shall have the right to construct and maintain lines 193 
of telegraph within this State, and to connect the same with other lines, 
and the General Assembly shall, by general law of uniform operation, 
provide reasonable regulations to give full effect to this section. No 
telegraph company shall consolidate with, or hold a controlling interest 
in, the stock or bonds of any other telegraph company owning a com- 
peting line or acquire, by purchase or otherwise, any other competing 
lines of telegraph. 

Sec. 13. The term "corporations," as used in this article, shall be 
construed to include all joint-stock companies or associations having 194 
any of the powers, or privileges of corporations, not possessed by in- 
dividuals or partnerships. 

ARTICLE XVII 

Railroads and Canals 

Sec. 1. All railroads and canals shall be public highways, and all 
railroad and canal companies shall be common carriers. Any asso- 195 
ciation or corporation, organized for the purpose, shall have the right 
to construct and operate a railroad between any points within this 
State, and to connect at the State line with railroads of other States. 
Every railroad company shall have the right with its road to intersect, 
connect with, or cross, any other railroad; and shall receive and trans- 
port each the other's passengers, tonnage, and cars, loaded or empty, 
without delay or discrimination. 

Sec. 2. Every railroad and canal corporation organized in this State, 
shall maintain an office therein, where transfers of its stock shall be 196 
made, and where its books shall be kept for inspection by any stock- 
holder or creditor of such corporation, in which shall be recorded the 
amount of capital stock subscribed, or paid in, and by whom, the names 
of the owners of its stock, and the amounts owned by them, respectively, 
the transfers of said stock, and the names and places of residence of its 
officers. 

Sec. 3. All individuals, associations, and corporations shall have 
equal right to have persons and property transported over railroads and 197 
canals, and no undue or unreasonable discrimination shall be made in 
charges for, or in facilities for, transportation of freight or passengers 
within this State, or coming from or going to any other State. Persons 
and property transported over any railroad, shall be delivered at any 
station, at charges not exceeding the charges for transportation of per- 



XXX PENNSYLVANIA 

sons and property of the same class, in the same direction, to any more 
distant station; but excursion and commutation tickets may be issued 
at special rates. 

Sec. 4. No railroad, canal, or other corporation, or the lessees, pur- 

198 chasers, or managers of any railroad or canal corporation, shall con- 
solidate the stock, property, or franchises of such corporation with, or 
lease or purchase the works, or franchises of, or in any way control any 
other railroad or canal corporation, owning, or having under its control, 
a parallel or competing line; nor shall any officer of such railroad or 
canal corporation act as an officer of any other railroad or canal corpo- 
ration, owning, or having the control of a parallel or competing line; 
and the question whether railroads or canals are parallel or competing 
lines shall, when demanded by the party complainant, be decided by a 
jury as in other civil issues. 

Sec. 5. No incorporated company doing the business of a common 

199 carrier shall, directly or indirectly, prosecute or engage in mining or 
manufacturing articles for transportation over its works; nor shall such 
company, directly or indirectly, engage in any other business than that 
of common carriers, or hold or acquire lands, freehold or leasehold, 
directly or indirectly, except such as shall be necessary for carrying on 
its business; but any mining or manufacturing company may carry the 
products of its mines and manufactories on its railroad or canal not 
exceeding fifty miles in length. 

Sec. 6. No president, director, officer, agent, or employee of any 

200 railroad or canal company shall be interested, directly or indirectly, 
in the furnishing of material or supplies to such company, or in the 
business of transportation as a common carrier of freight or passengers, 
over the works owned, leased, controlled, or worked by such company. 

Sec. 7. No discrimination in charges or facilities for transportation 

201 shall be made between transportation companies and individuals, or 
in favor of either, by abatement, drawback, or otherwise, and no rail- 
road or canal company, or any lessee, manager, or employee thereof, shall 
make any preferences in furnishing cars or motive power. 

Sec. 8. No railroad, railway, or other transportation company shall 

202 grant free passes, or passes at a discount, to any person except officers 
or employees of the company. 

Sec. 9. No street passenger railway shall be constructed within the 

203 limits of any city, borough or township, without the consent of its local 
authorities. 

Sec. 10. No railroad, canal, or other transportation company, in 

204 existence at the time of the adoption of this article, shall have the bene- 
fit of any future legislation by general or special laws, except on con- 
dition of complete acceptance of all the provisions of this article. 

Sec. 11. The existing powers and duties of the auditor-general in 

205 regard to railroads, canals and other transportation companies, except 
as to their accounts, are hereby transferred to the secretary of internal 



STATE CONSTITUTION xxxi 

affairs, who shall have a general supervision over them, subject to such 
regulations and alterations as shall be provided by law; and in addition 
to the annual reports now required to be made, said secretary may 
require special reports at any time upon any subject relating to the 
business of said companies from any officer or officers thereof. 

Sec. 12. The General Assembly shall enforce by appropriate legisla- 
tion the provisions of this article. 206 

ARTICLE XVIII 
Future Amendments 

Sec. 1. Any amendment or amendments to this Constitution may 
be proposed in the senate or house of representatives; and if the same 207 
shall be agreed to by a majority of the members elected to each house, 
such proposed amendment or amendments shall be entered on their 
journals with the yeas and nays taken thereon, and the secretary of the 
Commonwealth shall cause the same to be published three months 
before the next general election, in at least two newspapers in every 
county in which such newspapers shall be published; and if, in the 
General Assembly next afterwards chosen, such proposed amendment 
or amendments shall be agreed to by a majority of the members elected 
to each house, the secretary of the Commonwealth shall cause the same 
again to be published in the manner aforesaid; and such proposed amend- 
ment or amendments shall be submitted to the qualified electors of the 
State in such manner and at such time, at least three months after being 
so agreed to by the two houses, as the General Assembly shall pre- 
scribe; and, if such amendment or amendments shall be approved by a 
majority of those voting thereon, such amendment or amendments 
shall become a part of the Constitution; but no amendment or amend- 
ments shall be submitted oftener than once in five years. When two 
or more amendments shall be submitted they shall be voted upon sepa- 
rately. 



Three amendments to Article VIII were ratified by the people No- 
vember 5, 1901, and have been inserted in their proper place in the 
Constitution as given above. Ten additional amendments were sub- 
mitted to the people for ratification at the general election on Novem- 
ber 2, 1909. Of these, nine were ratified by a vote relatively small as 
compared with the total vote of the State. These amendments abolished 
the February elections, and provided for the election of local officers 
at municipal elections held in November of the odd-numbered years. 
The terms of elective officers in general were made an even number of 
years. Articles IV, V, VIII, XII and XIV were affected by these amend- 
ments; they are printed above in their amended form. At the same 
time there was adopted the following 



xxxil PENNSYLVANIA 

SCHEDULE 

That no inconvenience may arise from the changes in the Constitu- 
tion of the Commonwealth, and in order to carry the same into com- 
plete operation, it is hereby declared that — 

In the case of officers elected by the people, all terms of office fixed 
by act of Assembly at an odd number of years shall be lengthened one 
year, but the Legislature may change the length of the term, provided 
the terms for which such officers are elected shall always be for an even 
number of years. 

The above extension of official terms shall not affect officers elected 
at the general election of one thousand nine hundred and eight; nor 
any city, ward, borough, township, or election division officers, whose 
terms of office, under existing law, end in the year one thousand nine 
hundred and ten. 

In the year one thousand nine hundred and ten the municipal elec- 
tion shall be held on the third Tuesday of February as heretofore; but 
all officers chosen at that election to an office the regular term of which 
is two years, and also all election officers and assessors chosen at that 
election, shall serve until the first Monday of December in the year 
one thousand nine hundred and eleven. All officers chosen at that 
election to offices the term of which is now four years, or is made four 
years by the operation of these amendments or this schedule, shall 
serve until the first Monday of December in the year one thousand 
nine hundred and thirteen. All justices of the peace, magistrates, and 
aldermen, chosen at that election, shall serve until the first Monday 
of December in the year one thousand nine hundred and fifteen. After 
the year nineteen hundred and ten, and until the Legislature shall 
otherwise provide, all terms of city, ward, borough, township, and 
election division officers shall begin on the first Monday of December 
in an odd -numbered year. 

All city, ward, borough, and township officers holding office at the 
date of the approval of these amendments, whose terms of office may 
end in the year one thousand nine hundred and eleven, shall continue 
to hold their offices until the first Monday of December of that year. 

All judges of the courts for the several judicial districts, and also all 
county officers, holding office at the date of the approval of these amend- 
ments, whose terms of office may end in the year one thousand nine 
hundred and eleven, shall continue to hold their offices until the first 
Monday of January, one thousand nine hundred and twelve. 



CONSTITUTION OF THE UNITED 
STATES 



PREAMBLE 



"We, the People of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquillity, provide for the A 
common defense, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America." 

ARTICLE I 

Sec. 1. All Legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate andB 
House of Representatives. 

Sec. 2. The House of Representatives shall be composed of members 
chosen every second year by the people of the several States, and the C 
electors in each State shall have the qualifications requisite for electors l 
of the most numerous branch of the State Legislature. 

No person shall be a Representative who shall not have attained to 
the age of twenty -five years, and been seven years a citizen of the United 2 
States, and who shall not, when elected, be an inhabitant of that State 
in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according to 3 
their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for a term 
of years, and excluding Indians not taxed, three fifths of all other per- 
sons. The actual enumeration shall be made within three years after 
the first meeting of the Congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by law direct. 
The number of Representatives shall not exceed one for every thirty 
thousand, but each State shall have at least one Representative; and 
until such enumeration shall be made, the State of New Hampshire 
shall be entitled to choose three; Massachusetts, eight; Rhode Island 
and Providence Plantations, one; Connecticut, five; New York, six; 
New Jersey, four; Pennsylvania, eight; Delaware, one; Maryland, six; 
Virginia, ten; North Carolina, five; South Carolina, five; and Georgia, 
three. 

When vacancies happen in the representation from any State, the ex- 
ecutive authority thereof shall issue writs of election to fill such vacancies. 4 

The House of Representatives shall choose their Speaker, and others 
officers; and shall have the sole power of impeachment. 



xxxiv THE UNITED STATES 

D Sec. 3. The Senate of the United States shall be composed of two 
Senators from each State, chosen by the Legislature thereof, for six 

1 years; and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence of the 

2 first election, they shall be divided as equally as may be into three 
classes. The seats of the Senators of the first class shall be vacated at 
the expiration of the second year; of the second class, at the expiration 
of the fourth year; of the third class, at the expiration of the sixth year, 
so that one third may be chosen every second year; and if vacancies 
happen by resignation, or otherwise, during the recess of the Legislature 
of any State, the executive thereof may make temporary appointments 
until the next meeting of the Legislature, which shall then fill such 
vacancies. 

No person shall be a Senator who shall not have attained to the age 

3 of thirty' years, and been nine years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of that State for which he 
shall be chosen. 

The Vice President of the United States shall be President of the 

4 Senate, but shall have no vote, unless they be equally divided. 

The Senate shall choose their officers, and also a President pro 

5 tempore, in the absence of the Vice President, or when he shall exercise 
the office of President of the United States. 

The Senate shall have the sole power to try all impeachments. When 

6 sitting for that purpose, they shall be on oath or affirmation. When 
the President of the United States is tried, the Chief Justice shall pre- 
side; and no person shall be convicted without the concurrence of two 
thirds of the members present. 

Judgment in cases of impeachment shall not extend further than to 

7 removal from office, and disqualification to hold and enjoy any office 
of honor, trust, or profit under the United States; but the party con- 
victed shall nevertheless be liable and subject to indictment, trial, judg- 
ment, and punishment, according to law. 

Sec. 4. The times, places, and manner of holding elections for 
E Senators and Representatives shall be prescribed in each State by the 

1 Legislature thereof; but the Congress may at any time, by law, make 
or alter such regulations, except as to the places of choosing Senators. 

The Congress shall assemble at least once in every year, and such 

2 meeting shall be on the first Monday in December, unless they shall 
by law appoint a different day. 

F Sec. 5. Each house shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall con- 

l stitute a quorum to do business; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attendance of 
absent members, in such manner, and under such penalties, as each 
house may provide. 

Each house may determine the rules of its proceedings, punish its 



FEDERAL CONSTITUTION xxxv 

members for disorderly behavior, and, with the concurrence of two 
thirds, expel a member. 2 

Each house shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may in their judgment 3 
require secrecy; and the yeas and nays of the members of either house 
on any question shall, at the desire of one fifth of those present, be en- 
tered on the journal. 

Neither house, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any other 4 
place than that in which the two houses shall be sitting. 

Sec. 6. The Senators and Representatives shall receive a compensa- G 
tion for their services, to be ascertained by law, and paid out of the 
Treasury of the United States. They shall in all cases, except treason, 1 
felony, and breach of the peace, be privileged from arrest during their 
attendance at the session of their respective houses, and in going to and 
returning from the same; and for any speech or debate in either house, 
they shall not be questioned in any other place. 

No Senator or Representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of the 2 
United States, which shall have been created, or the emoluments whereof 
shall have been increased, during such time; and no person holding any 
office under the United States, shall be a member of either house during 
his continuance in office. 

Sec. 7. All bills for raising revenue shall originate in the House of H 
Representatives; but the Senate may propose or concur with amend- 
ments as in other bills. 1 

Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it becomes a law, be presented to the 2 
President of the United States; if he approve, he shall sign it, but if 
not, he shall return it, with his objections, to that house in which it shall 
have originated, who shall enter the objections at large on their journal, 
and proceed to reconsider it. If after such reconsideration, two thirds 
of that house shall agree to pass the bill, it shall be sent, together with 
the objections, to the other house, by which it shall likewise be recon- 
sidered, and if approved by two thirds of that house, it shall become a 
law. But in such cases the votes of both houses shall be determined by 
yeas and nays, and the names of the persons voting for and against 
the bill shall be entered on the journal of each house respectively. If 
any bill shall not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless the Congress by their 
adjournment prevent its return, in which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on a 3 
question of adjournment) shall be presented to the President of the 
United States; and before the same shall take effect, shall be approved 



xxxvi THE UNITED STATES 

by him, or being disapproved by him, shall be repassed by two thirds 
of the Senate and House of Representatives, according to the rules and 
limitations prescribed in the case of a bill. 

1 Sec. 8. The Congress shall have power to lay and collect taxes, 
i duties, imposts, and excises, to pay the debts and provide for the com- 
mon defense and general welfare of the United States; but all duties, 
imposts, and excises shall be uniform throughout the United States; 

2 To borrow money on the credit of the United States; 

3 To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes; 

4 To establish a uniform rule of naturalization, and uniform laws on 
the subject of bankruptcies throughout the United States. 

5 To coin money, regulate the value thereof, and of foreign coin, and 
fix the standard of weights and measures; 

6 To provide for the punishment of counterfeiting the securities and 
current coin of the United States; 

7 To establish post offices and post roads; 

8 To promote the progress of science and useful arts, by securing, for 
limited times, to authors and inventors the exclusive right to their 
respective writings and discoveries; 

9 To constitute tribunals inferior to the Supreme Court; 

10 To define and punish piracies and felonies committed on the high 
seas, and offenses against the law of nations; 

1 1 To declare war, grant letters of marque and reprisal, and make rules 
concerning captures on land and water; 

12 To raise and support armies, but no appropriation of money to that 
use shall be for a longer term than two years; 

13 To provide and maintain a navy; 

14 To make rules for the government and regulation of the land and 
naval forces; 

15 To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections, and repel invasions; 

To provide for organizing, arming, and disciplining the militia, and 

16 for governing such part of them as may be employed in the service of 
the United States, reserving to the States respectively the appointment 
of the officers, and the authority of training the militia according to the 
discipline prescribed by Congress; 

To exercise exclusive legislation in all cases whatsoever over such 

17 district (not exceeding ten miles square) as may, by cession of particular 
States, and the acceptance of Congress, become the seat of the govern- 
ment of the United States; and to exercise like authority over all places 
purchased by the consent of the Legislature of the State in which the 
same shall be, for the erection of forts, magazines, arsenals, dockyards, 
and other needful buildings; — and 

To make all laws which shall be necessary and proper for carrying 

18 into execution the foregoing powers, and all other powers vested by 



FEDERAL CONSTITUTION xxxvii 

this Constitution in the government of the United States, or in any 
department or officer thereof. 

Sec. 9. The migration or importation of such persons as any of the 
States now existing shall think proper to admit, shall not be prohibited J 
by the Congress prior to the year one thousand eight hundred and eight, l 
but a tax or duty may be imposed on such importation, not exceeding 
ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may re- 2 
quire it. 

No bill of attainder or ex post facto law shall be passed. 3 

No capitation or other direct tax shall be laid, unless in proportion 4 
to the census or enumeration herein before directed to be taken. 

No tax or duty shall be laid on articles exported from any State. 5 

No preference shall be given by any regulation of commerce or revenue 
to the ports of one State over those of another; nor shall vessels bound 6 
to, or from, one State, be obliged to enter, clear, or pay duties in an- 
other. 

t No money shall be drawn from the Treasury but in consequence of 
appropriations made by law; and a regular statement and account of 7 
the receipts and expenditures of all public money shall be published 
from time to time. 

No title of nobility shall be granted by the United States; and no 
person holding any office of profit or trust under them, shall, without 8 
the consent of the Congress, accept of any present, emolument, office, 
or title, of any kind whatever, from any king, prince, or foreign state. 

Sec. 10. No State shall enter into any treaty, alliance, or confedera- K 
tion; grant letters of marque and reprisal; coin money; emit bills of l 
credit; make anything but gold and silver coin a tender in payment of 
debts; pass any bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, or grant any title of nobility. 

No State shall, without the consent of the Congress, lay any impost 2 
or duties on imports or exports, except what may be absolutely necessary 
for executing its inspection laws; and the net produce of all duties and 
impost, laid by any State on imports or exports, shall be for the use of 
the Treasury of the United States; and all such laws shall be subject to 
the revision and control of the Congress. 

No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops, or ships of war, in time of peace, enter into any 3 
agreement or compact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger as 
will not admit of delay. 

ARTICLE II 

Sec. 1. The Executive power shall be vested in a President of the L 
United States of America. He shall hold his office during a term of 



xxxviii THE UNITED STATES 

1 four years, and, together with the Vice President, chosen for the same 
term, be elected as follows: 

Each State shall appoint, in such manner as the Legislature thereof 

2 may direct, a number of Electors, equal to the whole number of Senators 
and Representatives to which the State may be entitled in the Congress; 
but no Senator or Representative, or person holding any office of trust 
or profit under the United States, shall be appointed an Elector. 

[The Electors shall meet in their respective States, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the 
same State with themselves. And they shall make a list of all the persons 
voted for, and of the number of votes for each; which list they shall sign 
and certify, and transmit sealed to the seat of the government of the 
United States, directed to the President of the Senate. The President of 
the Senate shall, in the presence of the Senate and House of Repre- 
sentatives, open ail the certificates, and the votes shall then be counted. 
The person having the greatest number of votes shall be the President, 
if such number be a majority of the whole number of Electors appointed; 
and if there be more than one who have such majority, and have an 
equal number of votes, then the House of Representatives shall im- 
mediately choose by ballot one of them for President; and if no person 
have a majority, then from the five highest on the list the said House 
shall, in like manner, choose the President. But in choosing the Presi- 
dent, the votes shall be taken by States, the representation from each 
State having one vote; a quorum for this purpose shall consist of a 
member or members from two thirds of the States, and a majority of 
all the States shall be necessary to a choice. In every case, after the 
choice of the President, the person having the greatest number of votes 
of the Electors shall be the Vice President. But if there should remain 
two or more who have equal votes, the Senate shall choose from them 
by ballot the Vice President.] Repealed by Am. 12. 

The Congress may determine the time of choosing the Electors, and 

3 the day on which they shall give their votes; which day shall be the 
same throughout the United States. 

No person except a natural-born citizen, or a citizen of the United 

4 States at the time of the adoption of this Constitution, shall be eligible 
to the office of President; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty-five years, and 
been fourteen years a resident within the United States. 

In case of the removal of the President from office, or of his death, 

5 resignation, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Vice President, and the Congress 
may by law provide for the case of removal, death, resignation, or in- 
ability, both of the President and Vice President, declaring what officer 
shall then act as President; and such officer shall act accordingly until 
the disability be removed, or a President shall be elected. 

The President shall, at stated times, receive for his services a com- 



FEDERAL CONSTITUTION xxxix 

pensation, which shall neither be increased nor diminished during the 6 
period for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United States, or any 
of them. 

Before he enter on the execution of his office, he shall take the follow- 
ing oath or affirmation: — "I do solemnly swear (or affirm) that I will 7 
faithfully execute the office of President of the United States, and will, 
to the best of my ability, preserve, protect, and defend the Constitution 
of the United States." 

Sec. 2. The President shall be Commander in chief of the army and M 
navy of the United States, and of the militia of the several States, when 
called into the actual service of the United States; he may require the l 
opinion, in writing, of the principal officers in each of the executive 
departments, upon any subject relating to the duties of their respective 
offices; and he shall have power to grant reprieves and pardons for of- 
fenses against the United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two thirds of the Senators present 2 
concur; and he shall nominate, and by and with the advice and consent 
of the Senate shall appoint ambassadors, other public ministers, and 
consuls, judges of the Supreme Court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law; but the Congress may by 
law vest the appointment of such inferior officers, as they think proper, 
in the President alone, in the courts of law, or in the heads of depart- 
ments. 

The President shall have power to fill up all vacancies that may hap- 3 
pen during the recess of the Senate, by granting commissions which shall 
expire at the end of their next session. 

Sec. 3. He shall from time to time give to the Congress information 
of the state of the Union, and recommend to their consideration such N 
measures as he shall judge necessary and expedient; he may, on extraor- 
dinary occasions, convene both houses, or either of them, and in case 
of disagreement between them with respect to the time of adjournment, 
he may adjourn them to such time as he shall think proper; he shall 
receive ambassadors and other public ministers; he shall take care that 
the laws be faithfully executed, and shall commission all the officers of 
the United States. 

Sec. 4. The President, Vice President, and all civil officers of the 
United States, shall be removed from office on impeachment for, and O 
conviction of, treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III 

Sec. 1. The judicial power of the United States shall be vested in 
one Supreme Court, and in such inferior courts as the Congress may p 



xl THE UNITED STATES 

from time to time ordain and establish. The judges, both of the Su- 
preme and inferior courts, shall hold their offices during good behavior, 
and shall, at stated times, receive for their services a compensation, 
which shall not be diminished during their continuance in office. 
Q Sec. 2. The judicial power shall extend to all cases, in law and equity, 

1 arising under this Constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority; — to all 
cases affecting ambassadors, other public ministers, and consuls; — to 
all cases of admiralty and maritime jurisdiction; — to controversies to 
which the United States shall be a party; — to controversies between two 
or more States, — between a State and citizens of another State, — be- 
tween citizens of different States, — between citizens of the same State 
claiming lands under grants of different States, — and between a State, 
or the citizens thereof, and foreign states, citizens, or subjects. 

In all cases affecting ambassadors, other public ministers, and con- 

2 suls, and those in which a State shall be a party, the Supreme Court 
shall have original jurisdiction. In all the other cases before mentioned, 
the Supreme Court shall have appellate jurisdiction, both as to law and 
fact, with such exceptions and under such regulations as the Congress 
shall make. 

The trial of all crimes, except in cases of impeachment, shall be by 

3 jury; and such trial shall be held in the State where the said crimes shall 
have been committed; but when not committed within any State, the 
trial shall be at such place or places as the Congress may by law have 
directed. 

R Sec. 3. Treason against the United States shall consist only in levy- 
ing war against them, or in adhering to their enemies, giving them aid 
and comfort. 
No person shall be convicted of treason unless on the testimony of 

1 two witnesses to the same overt act, or on confession in open court. 

The Congress shall have power to declare the punishment of treason, 

2 but no attainder of treason shall work corruption of blood, or forfeiture, 
except during the life of the person attainted. 

ARTICLE IV 

Sec. 1. Full faith and credit shall be given in each State to the public 

S acts, records, and judicial proceedings of every other State. And the 

Congress may by general laws prescribe the manner in which such acts, 

records, and proceedings shall be proved, and the effect thereof. 

T Sec. 2. The citizens of each State shall be entitled to all privileges 

1 and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or other crime, 

2 who shall flee from justice, and be found in another State, shall, on 
demand of the executive authority of the State from which he fled, be 
delivered up, to be removed to the State having jurisdiction of the crime. 

No person held to sendee or labor in one State, under the laws thereof, 



FEDERAL CONSTITUTION xli 

escaping into another, shall, in consequence of any law or regulation 3 
therein, be discharged from such service or labor, but shall be delivered 
up on claim of the party to whom such service or labor may be due. 

Sec. 3. New States may be admitted by the Congress into this Union; 
but no new States shall be formed or erected within the jurisdiction of U 
any other State; nor any State be formed by the junction of two or more l 
States, or parts of States, without the consent of the Legislatures of the 
States concerned as well as of the Congress. 

The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property belonging 2 
to the United States; and nothing in this Constitution shall be so con- 
strued as to prejudice any claims of the United States, or of any particu- 
lar State. 

Sec. 4. The United States shall guarantee to every State in this Union 
a republican form of government; and shall protect each of them against V 
invasion; and, on application of the Legislature, or of the Executive 
(when the Legislature cannot be convened), against domestic violence. 

ARTICLE V 

The Congress, whenever two thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the W 
application of the Legislatures of two thirds of the several States, shall 
call a convention for proposing amendments, which, in either case, 
shall be valid to all intents and purposes, as part of this Constitution, 
when ratified by the Legislatures of three fourths of the several States, 
or by conventions in three fourths thereof, as the one or the other mode 
of ratification may be proposed by the Congress; provided that no amend- 
ment which may be made prior to the year one thousand eight hundred 
and eight shall in any manner affect the first and fourth clauses of the 
ninth section of the first article; and that no State, without its consent, 
shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI 

All debts contracted, and engagements entered into, before the adop- 
tion of this Constitution, shall be as valid against the United States X 
under this Constitution, as under the Confederation. 

This Constitution, and the laws of the United States which shall be 
made in pursuance thereof, and all treaties made, or which shall be 
made, under the authority of the United States, shall be the supreme 
law of the land; and the judges in every State shall be bound thereby, 
anything in the Constitution or laws of any State to the contrary not- 
withstanding. 

The Senators and Representatives before mentioned, and the mem- 
bers of the several State Legislatures, and all executive and judicial 
officers, both of the United States and of the several States, shall be 
bound by oath or affirmation to support this Constitution; but no re- 



xlii 



THE UNITED STATES 



ligious test shall ever be required as a qualification to any office or pub* 
lie trust under the United States. 

ARTICLE VII 

The ratification of the Conventions of nine States shall be sufficient 
Y for the establishment of this Constitution between the States so ratifying 
the same. 

Done in Convention, by the unanimous consent of the States 
present, the seventeenth day of September, in the year of 
our Lord one thousand seven hundred and eighty-seven, 
and of the Independence of the United States of America 
the twelfth. 
In witness whereof, we have hereunto subscribed our names. 
GEORGE WASHINGTON, 
President, and Deputy from Virginia. 



NEW HAMPSHIRE 
John Langdon, 
Nicholas Gilman. 

MASSACHUSETTS 
Nathaniel Gorham, 
Rufus King. 

CONNECTICUT 
William Samuel Johnson, 
Roger Sherman. 

NEW YORK 
Alexander Hamilton. 

NEW JERSEY 
William Livingston, 
David Brearley, 
William Paterson, 
Jonathan Dayton. 

PENNSYLVANIA 
Benjamin Franklin, 
Thomas Mifflin, 
Robert Morris, 
George Clymer, 
Thomas Fitzsimons, 
Jared Ingersoll, 
James Wilson, 
Gouverneur Morris. 
Attest: 



DELAWARE 
George Read, 
Gunning Bedford, Jr., 
John Dickinson, 
Richard Bassett, 
Jacob Broom. 

MARYLAND 
James McHenry, 
Daniel of St. Thomas Jenifer, 
Daniel Carroll. 

VIRGINIA 
John Blair, 
James Madison, Jr. 

NORTH CAROLINA 
William Blount, 
Richard Dobbs Spaight, 
Hugh Williamson. 

SOUTH CAROLINA 
John Rutledge, 
Charles Cotesworth Pinckney, 
Charles Pinckney, 
Pierce Butler. 

GEORGIA 
William Few, 
Abraham Baldwin. 
WILLIAM JACKSON, Secretary. 



FEDERAL CONSTITUTION xliii 

AMENDMENTS 

ARTICLE I. — Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; or abridging Am. 
the freedom of speech, or of the press; or the right of the people peace- 
ably to assemble, and to petition the government for a redress of griev- 1 
ances. 

ARTICLE II. — A well-regulated militia, being necessary to the 
security of a free State, the right of the people to keep and bear arms 2 
shall not be infringed. 

ARTICLE III. — No soldier shall, in time of peace, be quartered 
in any house, without the Consent of the owner, nor in time of war, but 3 
in a manner to be prescribed by law. 

ARTICLE IV. — The right of the people to be secure in their per- 
sons, houses, papers, and effects, against unreasonable searches and 4 
seizures, shall not be violated, and no warrants shall issue, but upon 
probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to be 
seized. 

ARTICLE V. — No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or indictment of a 5 
grand jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war or public danger; nor shall 
any person be subject for the same offense to be twice put in jeopardy 
of life or limb; nor shall be compelled in any criminal case to be a wit- 
ness against himself, nor be deprived of life, liberty, or property, without 
due process of law; nor shall private property be taken for public use, 
without just compensation. 

ARTICLE VI. — In all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial, by an impartial jury of the 6 
State and district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be in- 
formed of the nature and cause of the accusation; to be confronted with 
the witnesses against him; to have compulsory process for obtaining 
witnesses in his favor; and to have the assistance of counsel for his 
defense. 

ARTICLE VII. — In suits at common law, where the value in con- 
troversy shall exceed twenty dollars, the right of trial by jury shall be 7 
preserved, and no fact tried by a jury shall be otherwise reexamined in 
any court of the United States than according to the rules of common 
law. 

ARTICLE VIII. — Excessive bail shall not be required, nor ex- 
cessive fines imposed, nor cruel and unusual punishments inflicted. 8 

ARTICLE IX. — The enumeration in the Constitution of certain 
rights shall not be construed to deny or disparage others retained by 9 
the people. 

ARTICLE X.— The powers not delegated to the United States by 



xliv THE UNITED STATES 

10 the Constitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

ARTICLE XI.— The judicial power of the United States shall not 

11 be construed to extend in any suit in law or equity, commenced or prose- 
cuted against one of the United States by citizens of another State, or 
by citizens or subjects of any foreign state. 

ARTICLE XII. — The Electors shall meet in their respective States, 

12 and vote by ballot for President and Vice President, one of whom, at 
least, shall not be an inhabitant of the same State with themselves; they 
shall name in their ballots the person voted for as President, and in dis- 
tinct ballots the person voted for as Vice President; and they shall make 
distinct lists of all persons voted for as President, and of all persons 
voted for as Vice President, and of the number of votes for each, which 
lists they shall sign and certify, and transmit sealed to the seat of gov- 
ernment of the United States, directed to the President of the Senate; — 
the President of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and the votes shall 
then be counted; — the person having the greatest number of votes for 
President, shall be the President, if such number be a majority of the 
whole number of Electors appointed; and if no person have such ma- 
jority, then from the persons having the highest numbers not exceeding 
three on the list of those voted for as President, the House of Repre- 
sentatives shall choose immediately, by ballot, the President. But in 
choosing the President, the votes shall be taken by States, the representa- 
tion from each State having one vote; a quorum for this purpose shall 
consist of a member or members from two thirds of the States, and a 
majority of all the States be necessary to a choice. And if the House of 
Representatives shall not choose a President whenever the right of 
choice shall devolve upon them, before the fourth day of March next 
following, then the Vice President shall act as President, as in the case 
of the death or other constitutional disability of the President. The 
person having the greatest number of votes as Vice President, shall be 
the Vice President, if such number be a majority of the whole number 
of Electors appointed; and if no person have a majority, then from the 
two highest numbers on the list, the Senate shall choose the Vice 
President; a quorum for the purpose shall consist of two thirds of the 
whole number of Senators, and a majority of the whole number shall be 
necessary to a choice. But no person constitutionally ineligible to the 
office of President shall be eligible to that of Vice President of the 
United States. 

ARTICLE XIII. — Section 1. Neither slavery nor involuntary servi- 

13 tude, except as a punishment for crime whereof the party shall have been 
duly convicted, shall exist within the United States, or any place subject 
to their jurisdiction. 

Section 2. Congress shall have power to enforce this article by ap- 
propriate legislation. 



FEDERAL CONSTITUTION xlv 

ARTICLE XIV.— Section 1. All persons born or naturalized in 
the United States, and subject to the jurisdiction thereof, are citizens 14 
of the United States and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the privileges or im- 
munities of citizens of the United States; nor shall any State deprive 
any person of life, liberty, or property, without due process of law; nor 
deny to any person within its jurisdiction the equal protection of the laws. 

Section 2, Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole num- 
ber of persons in each State, excluding Indians not taxed. But when 
the right to vote at any election for the choice of Electors for President 
and Vice President of the United States, Representatives in Congress, 
the executive and judicial officers of a State, or the members of the 
Legislature thereof, is denied to any of the male inhabitants of such 
State, being twenty-one years of age, and citizens of the United States, 
or in any way abridged, except for participation in rebellion or other 
crime, the basis of representation therein shall be reduced in the pro- 
portion which the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such State. 

Section 3. No person shall be a Senator or Representative in Con- 
gress, or Elector of President or Vice President, or hold any office, civil 
or military, under the United States, or under any State, who having 
previously taken an oath as a member of Congress, or as an officer of 
the United States, or as a member of any State Legislature, or as an 
executive or judicial officer of any State, to support the Constitution of 
the United States, shall have engaged in insurrection or rebellion against 
the same, or given aid or comfort to the enemies thereof. But Congress 
may by a vote of two thirds of each house remove such disability. 

Section 4. The validity of the public debt of the United States, au- 
thorized by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrection or rebellion, shall not 
be questioned. But neither the United States nor any State shall as- 
sume to pay any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the loss or eman- 
cipation of any slave; but all such debts, obligations, and claims, shall 
be held illegal and void. 

Section 5. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

ARTICLE XV.— Section 1. The right of citizens of the United 
States to vote shall not be denied or abridged by the United States or 15 
by any State on account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article 
by appropriate legislation. 



xlvi 



THE UNITED STATES 



LIST OF PRESIDENTS 



No. 



PRESIDENT 

George Washington . . 
John Adams 

Thomas Jefferson. . . . 
James Madison 

James Monroe 

John Quincy Adams . 

Andrew Jackson 

Martin VanBuren. . . . 
William H. Harrison . 

John Tyler 

James K. Polk 

Zachary Taylor 

Millard Fillmore 

Franklin Pierce 

James Buchanan 

Abraham Lincoln. . . . 

Andrew Johnson 

Ulysses S. Grant 

Rutherford B. Hayes. 
James A. Garfield . . . 

Chester A. Arthur 

Grover Cleveland 

Benjamin Harrison. . . 
Grover Cleveland 

William McKinley . . . 

Theodore Roosevelt . . 
William Howard Taft 



ELECTED FROM 

Virginia 

Massachusetts. . . 

Virginia 

Virginia 

Virginia 

Massachusetts. . . 

Tennessee 

New York 

Ohio 

Virginia 

Tennessee 

Louisiana 

New York 

New Hampshire. . 
Pennsylvania. . . . 

Illinois . . , 

Tennessee 

Illinois 

Ohio 

Ohio 

New York 

New York 

Indiana 

New York 

Ohio 

New York 

Ohio 



BORN DIED 



I73 2 
1735 

1743 

1751 

1758 
1767 
1767 

1782 

1773 
1790 

1795 
1784 
1800 
1804 
1791 

1809 

1808 

1822 

1822 
1831 

1830 
1837 
1833 
1837 

1843 
1858 

1857 



1799 
1826 

1826 



1836 
1831 



1862 
1841 
1862 
1849 
1850 
1874 
1869 
1868 

1865 

1875 
1885 

1893 
1881 
1886 
1908 
1901 
1908 

1901 



BIOGRAPHICAL NOTES 



xlvii 



AND VICE PRESIDENTS 



TERM OF OFFICE 



ELECTED BY 



VICE PRESIDENTS 



Two terms; 1 789-1 797 

One term; 1 797-1801 ...... 

Two terms; 1801-1809 

Two terms; 1809-1817 

Two terms; 181 7-1825 

One term; 1825-1829 

Two terms; 1829-1837 

One term; 1837-1841 

One month; 1841 

3 years, 11 months; 1 841- 1845 
One term; 1 845-1849. ...... 

1 year, 4 months; 1 849-1 850 

2 years, 8 months; 1850-1853 

One term; 1853-1857 

One term; 1857-1861 

One term, 6 weeks; 1861-1865 

3 years, io| months; 1865-1869 

Two terms; 1869-1877 

One term; 1877-1881 

Six months and 15 days 

3 years, 51110s., 15 da.; 1881-85 

One term; 1885-1889 ... 

One term; 1889-1893 

One term; 1893-1897 

1 term, 6 mos., 10 da.; 1897-01 

3 y.,5111., 20 d.; 1 term; '01-09 
!9°9 



Whole People . . 

Federalists 

Democratic- j 
Republicans ( 

Democratic- 
Republicans 

Democratic- ) 
Republicans > 

House of Rep. . . 

Democrats . . -j 

Democrats 

Whigs 

Whigs 

Democrats 

Whigs 

Whigs 

Democrats 
Democrats 



Republicans 

Republicans . . 

Republicans 

Republicans . 
Republicans . 
Republicans . 
Democrats . . 
Republicans . 
Democrats . . 

Republicans ■] 

Republicans . . . 
Republicans . . . 



John Adams. 
Thomas Jefferson. 
Aaron Burr. 
George Clinton. 
George Clinton. 
Elbridge Gerry. 

Daniel D. Tompkins. 

John C. Calhoun. 
John C. Calhoun. 
Martin VanBuren. 
Richard M. Johnson. 
John Tyler. 

George M. Dallas. 
Millard Fillmore. 

William R. King. 
J. C. Breckenridge. 
Hannibal Hamlin. 
Andrew Johnson. 

Schuyler Colfax. 
Henry Wilson. 
William A. Wheeler. 
Chester A. Arthur. 

Thos. A. Hendricks. 
Levi P. Morton. 
Adlai E. Stevenson. 
Garret A. Hobart. 
Theodore Roosevelt. 
Chas. W. Fairbanks. 
James S. Sherman. 



xlviii 



THE UNITED STATES 



CHIEF JUSTICES OF THE FEDERAL SUPREME COURT 



No. 



CHIEF JUSTICE 



TERM 


Years 


BORN 


DIED 


i 789-1 795 


6 


1745 


1829 


1 795-i 795 


•• 


1739 


1800 


1 796- 1 800 


4 


1745 


1807 


1801-1835 


34 


1755 


1835 


1836-1864 


28 


1777 


1864 


1864-1873 


9 


1808 


1873 


1874-1888 


14 


1816 


1888 


1888-. . . . 




1833 






STATE 



John Jay , 

John Rutledge. 

Oliver Ellsworth . . 
John Marshall. . . . 
Roger B. Taney .. . 
Salmon P. Chase... 
Morrison R. Waite. 
Melville W. Fuller.. 



New York 

S. Carolina 

Connecticut 

Virginia 

Maryland 

Ohio 

Ohio 

Illinois 



INDEX AND DEFINITIONS 



Abolition of slavery, vote of the House, 

344; in District of Columbia, 433. 
Accidents, railroad, 382. 
Act : a decision of a legislative body; a 
law of a State, or of the United States. 
Acts of Assembly, laws of Pennsylvania 

are so called, 85. 
Adams, John, chosen President in 1797, 
281. 

Adams, John Quincy, chosen President 
by House of Representatives, 282; a 
minority President, 284; not popular, 
but nearly chosen in 1828, 413. 

Adjournment: the putting off until an- 
other day or time specified, or with- 
out day; the recess or interval during 
which a public body suspends its 
sittings or postpones business; power 
of the two houses in regard to, 94; of 
the Legislature, by the Governor, 100. 

Adjutant general of Pennsylvania, 108; 
of the United States, 296. 

Administration, defined, 294. 

Administrator : a person appointed by 
the orphans' court to manage and set- 
tle the estate of a deceased person. 

Admission of new States, 323; of Okla- 
homa, 419. 

Affirmation : a solemn declaration, made 
under penalties of perjury, by persons 
who decline to take an oath. 

Agriculture, secretary of, in Pennsyl- 
vania, 105; Secretary of, in Cabinet, 
293, 301. 

Alabama, limitation of suffrage in, 434. 

Alaska, District of, 324. 

Aldermen in cities, 61, 64. 

Alien, defined, 19. 

Allegheny, united with Pittsburg, 58. 

Allegiance to the United States, 349. 

Alliance : a union between two or more 
nations by treaty or contract, for 



their mutual benefit; States cannot 
make separately, 271. 
Almshouses, 48, 80. 

Altgeld, Governor of Illinois, 327, 416. 

Ambassador, 302, 303; appointment, 
289; foreign received by the President, 
289; represent the person of the ruler, 
303. 

Amendment: an addition or change 
made in a constitution or in a bill or 
other instrument during the process 
of legislation. 

Amendments, to State constitution, how 
made, 222; recent, 223; to the Fed- 
eral Constitution, consent of Presi- 
dent not necessary, 290; how made, 
328; exceptions to the power, 329; 
most important clause, 329; a wise 
provision, 337; first ten amendments 
apply to United States Government 
only, 337; approval voted not nec- 
essary, 345; three great amendments 
and reconstruction, 347; an amend- 
ment in process, 442. 

Anglo-Saxon, division of power, 72. 

Anti-trust laws, power of Congress, 390. 

Appeal: the removal of a cause from a 
court of inferior to one of superior 
jurisdiction, for review or retrial; in 
Pennsylvania, 123, 134; manner of 
trial before the supreme court, 135. 

Appointment : the exercise of the power 
of designating or naming a person 
to hold office; Presidential appoint- 
ments very numerous, and constitute 
a very important part of his duty, 
289. 

Apportionment, of the State by the Gen- 
eral Assembly, 94; of Representatives 
in Congress, 230. 

Appropriation: a sum of money author- 
ized by law to be taken out of the 

xlix 



INDEX AND DEFINITIONS 



treasury, and to be applied to a 
special use or purpose; the setting 
apart of such money; must be made 
by law, 270; for army not to exceed 
two years, 257; committee on, 387. 

Approval, submission of bills for, not 
always necessary, 101. 

Arbitration: the settlement of disputed 
cases by disinterested persons, 417; 
boards of, 418; of disputes among na- 
tions, 416. 

Area, of Pennsylvania, 25; range of, in 
townships, 45; minimum, of county, 
71. 

Aristocracy, defined, 15; not permitted, 
327; feared before election of Jackson, 
414. 

Aristotle, a saying of, 16. 

Arizona, a Territory, 324. 

Arms, rights of people concerning, 221, 
338. 

Army of the United States, how main- 
tained, 257; strength, 258; citizen- 
soldiery, 221 ; officers tried by courts- 
martial, 318; no impeachment, 261, 
318; President, commander in chief, 
257. 

Arrests, 339. 

Arson: the malicious burning of any 
dwelling or building the property of 
another. 

Arthur, Chester A., succeeds James A. 
Garfield, taking oath of office in 
New York, 286, 415. 

Articles of Confederation, survivals 
from, 235; defects of, 274; a bond of 
union, 350. 

Arts and Sciences, how promoted, 256. 

Assemble, people have right to, 221. 

Assembly, the first in Pennsylvania, 31, 
34; the General Assembly, 85. 

Assessment : fixing or determining a tax; 
charging with any sum of money as 
a due share or proportion. 

Assessors, 49, 57; board of, 63, 363. 

Associate judges in Pennsylvania, 130; 
drawing a jury, 122. 

Assumption of State debts, 440. 

Atchison, David R., 414. 

Attainder: extinction of civil rights in 
consequence of condemnation for 
treason or other capital crime; bills 



of, forbidden, 221; Congress cannot 
pass, 269; States cannot pass, 271. 

Attorney-General of Pennsylvania, 103, 
113, 114. 

Attorney-General of the United States, 
succession to the Presidency, 286; 
duties of, 297. 

Attorneys at law: persons entitled to 
practice law in the higher courts, 123. 

Auditor-General of Pennsylvania, 104, 
113, 114. 

Auditors, township, 50, 52; controller in 
cities, 61; county, 77. 

Australian ballot: a form of ballot in 
which the names of all the candidates 
are printed on one ticket, and the 
voter indicates his choice by cross- 
marks, 144, 145, 146. 

Automobile, licenses for, 173. 

Award, the decision rendered by the 
arbiters in a board of arbitration. 

Bail, defined, excessive, forbidden, 220. 

Ballot, the "Baker Ballot," 144; details, 
146; specimen, 147; counting the bal- 
lots, 151; boxes, 153; primary, 161. 

Banking commissioner of Pennsylvania, 
110, 115, 178. 

Bank-note, National, 394. 

Bankruptcy, definition of, and laws con- 
cerning, 252. 

Banks and savings institutions in State, 
179. 

Barbarism, state of, 13. 

Battleships of the navy, 259. 

Belknap, W. W., impeachment of, 239. 

Bigler, Gov. William, 195. 

Bill^lefined, 91; how passed, 92; where 
it may originate, 92; for revenue, 92 
duties of Governor in regard to, 92 
mode of passing, in Congress, 243 
how bills are sometimes defeated, 244. 

Bill of attainder : an act passed against 
a person, depriving him of the right 
to hold or transmit property, 221, 
269, 271. 

Bill of credit : paper issued by a State, on 
the faith and credit of the State, and 
designed to circulate as money. 

Bill of indictment : a written accusation 
lawfully presented to a grand jury. 

Bill of rights, defined, 336; in the State 



INDEX AND DEFINITIONS 



constitution, 217-222; the desire for 
such bill in U. S., 336; first ten amend- 
ments of Federal Constitution form a, 
337. 

Bimetallism : the legal use of two metals 
— gold and silver — in the coinage or 
specie currency of a country, at a 
fixed relative value; relation to na- 
tions, 392. 

Blacklists, 417. 

Blaine, James G., forbids occupancy of 
Hawaii, 402. 

Bland-Allison Act, purpose of, 392. 

Blockade : the closing of the ports of the 
country of an enemy in order to pre- 
vent vessels from going in or passing 
out, 431. 

Blount, William, impeachment of, 239. 

Board of Agriculture, 113. 

Board of health, of boroughs, 55; of 
cities, 62; department of health, 113, 
115. 

Board of Pardons, 113. 

Board of Property, 113. 

Board of Revenue Commissioners, 114. 

Boards of Arbitration, 418. 

Body Politic : the collective body of the 
people as politically organized, or as 
exercising political functions; a na- 
tion or community as constituted un- 
der government. 

Bond: the guarantee demanded from 
public officers to insure faithful per- 
formance of duty; an evidence of in- 
debtedness issued by the United 
States Government for money bor- 
rowed, 250, 253. Such interest- 
bearing certificates of indebtedness 
are also issued by various corpora- 
sions, such as cities, counties, rail- 
roads, steel companies, etc., 179. 

Borough, defined, 55; how made, 55; 
chief burgess and other officers of, 55, 
57; council of, 56; divisions of, 56. 

Boundaries of Pennsylvania, 25; by 
charter, 26; lines of, 27. 

Boycott : to combine against an em- 
ployer in such way as to withhold 
social or business relations from him, 
and to prevent others from holding 
such relations with him, 417, 422. 

Braddock's grave, 361. 



Bribery : the act of giving or receiving a 
reward as an inducement to official 
or political action; penalty for, 151. 

Broad construction of Federal Consti- 
tution, 263. 

Buchanan, James, a minority President, 
284. 

Bureau, of Engraving, 253; of Rolls and 
Library, 294; of Animal Industry, 
301; of Corporations, 301; of Immi- 
gration and Naturalization, 302; of 
Manufactures, 302; of Statistics, 302; 
of Ethnology, 308; of American Re- 
publics, 308. 

Burglary: the breaking into and en- 
tering in the night time the dwelling 
house of another with the intent to 
commit a crime. In some States 
burglary includes the breaking with 
felonious intent into a house by day 
as well as by night, and into other 
buildings than dwelling houses. 

Burr, Aaron, and the Presidency in 1801, 
282; facts concerning, 415, 444. 

Burrowes, Thomas, drafts law, 194. 

Butler, Benjamin F., 394, 429. 

By-laws : local or subordinate laws; rules 
and regulations made by a private 
corporation for its own government. 

Cabinet: the advisers or counselors of 
the President, a council consisting of 
the first nine heads of the executive 
departments; members of, 293; an 
idea concerning, 421. 

Calhoun, John C, dual executive plan 
of, 415. 

California, divided Electoral vote of, 
279; demanded anti-Chinese legisla- 
tion, 400; Chinese laborers in, 417. 

Campaign, the political, 159. 

Canada, head tax on Chinese, 401. 

Canals, 185. 

Candidate : one who offers himself, or is 
put forward by others, as a suitable 
person for an office, 161. 

Canvass : a systematic effort to obtain 
votes; a summing up of the votes cast 
for the various candidates, 152, 158, 
410. 

Capital: the seat of government of the 
State or Nation; the accumulated 



lii 



INDEX AND DEFINITIONS 



product of labor; capital crimes are 
those punishable by death. Location 
of National capital, 440. 

Capitation tax : a tax assessed on every 
head or person without reference to 
property; a poll tax, 248, 269. 

Capitol : the building at Washington oc- 
cupied by Congress, 441; the state- 
house in which the Legislature of the 
State assembles. 

Carnegie Technical Schools, 209. 

Caucus : a meeting of persons belonging 
to a party, for the purpose of nomi- 
nating candidates for office, or for 
making arrangements to secure their 
election; a political primary meeting, 
160. 

Census: an official numbering of the 
people, with statement of the value 
of their property, and other statistics 
of the country; Bureau, 301. 

Certificates of identification, 402. 

Cervera, Admiral Pascual, 408. 

Challenge: objection regarding the vote 
of a person as not being a qualified 
voter, 149; objection or exception to 
proposed members of a jury or court, 
123. 

Chancery : equity; a court of equity. 

Charles the Second pays a debt, 30. 

Charter : a written instrument, executed 
in due form, granting rights, fran- 
chises, or privileges, 381. 

Charter of Privileges, 36. 

Chase, Samuel, impeachment of, 239. 

Chemistry, Bureau of, 301. 

Chicago, railroad strike in, 327. 

Chief burgess of borough, 55. 

Chief Justice, 238, 287, 312. 

Chile, strained relations with, 408. 

China, treaty of 1881, 400. 

Chinese, native-born are citizens, 18; 
the naturalization of, forbidden, 20; 
other facts concerning, 401, 402. 

Chisholm vs. Georgia, 343. 

Church and State, 330, 338. 

Circuit : a large district of the country, 
to which a Justice of the Supreme 
Court makes periodical visits for the 
administration of justice. 

Circuit Court of Appeals, 315. 

Circuit Courts of the United States, 314. 



Circulating medium, 391. 

Cities in Pennsylvania, 55-70, 170, 171. 

Citizen, defined, 18; privileges of, 321, 
345. 

Citizenship, denned, 18; application for, 
154; relation to the right to vote, 251; 
some children born abroad are citi- 
zens, 276; does not necessarily imply 
right to vote, 346. 

Civic courage, 366. 

Civic duty, 364. 

Civic pride, 360. 

Civics: the science of civil government. 

Civil : pertaining to a citizen in his re- 
lation to other citizens or to the 
State; not criminal; not military. 

Civil cases in Pennsylvania, 122, 126; in 
Federal Courts, 314, 341. 

Civil engineer, the city, 63. 

Civil government: the regulation, con- 
trol, and direction of the affairs of 
civil society. Its function is to make 
it easy to do right and difficult to do 
wrong. 

Civil liberty, defined, 18. 

Civil rights, relation to Congress, 347. 

Civil service, 304; commission, 304; per- 
sons classified, 304. 

Civil service reform : the substitution of 
business principles and methods for 
the spoils system, 304. 

Civil War, and the amendments, 344- 
348, 432, 433. 

Claims for slaves not to be paid, 251. 

Claims of the Penn family, 38. 

Classes of Senators, 235. 

Clay, Henry. 282; first of modern Speak- 
ers, 386. 

Clearing ships, 270. 

Clerk, township, 50; of elections, 52; of 
councils, 56; of the courts, 75, 76; of 
the State senate, 89; of the State 
house of representatives, 89; of the 
Federal House, 234; of the Federal 
Senate, 236. 

Cleveland, Grover, uses troops to quell 
riots, 327; a minority President, 283; 
other facts concerning, 283, 372, 416. 

Clinton, George, Vice President, 416. 

Cloture or Closure : a rule of proce- 
dure, adopted by the English Parlia- 
ment in 1882, for the purpose of clos- 



INDEX AND DEFINITIONS 



mi 



ing discussion and bringing matters 
under debate to an issue. The 
Speaker of the House of Commons 
may cut off discussion at the request 
of 100 members, if less than 40 mem- 
bers vote in the negative. In the 
United States House of Representa- 
tives, and in the State Legislatures, 
the same object is attained by a bare 
majority through moving the "previ- 
ous question." In the Senate there 
is no cloture of any kind, and a reso- 
lute minority can often * thwart the 
purposes of the majority. This con- 
dition strongly tends to make the 
Senate unsatisfactory. 

Coasting trade, in relation to American 
ships, 270. 

Coins and coinage, 252; gold and silver, 
292; minor coins, 395; relation to cir- 
culating medium, 391; free coinage, 
392. 

Collector of delinquent taxes, 67. 

Collector of taxes, 49. 

College and university council, members 
of, 114. 

Colman, Norman J., first Secretary of 
Agriculture, 441. 

Colon and Panama, cities, 428. 

Colonies, government in, 42, 43. 

Commerce : trade carried on between 
different places or communities; ex- 
change of merchandise on a large 
scale; extended trade or traffic. Con- 
gress has power to regulate, 251; In- 
terstate Commerce Commission, 304. 

Commerce and Labor, Secretary of, 301 . 

Commission : a written warrant or doc- 
ument issued by a government invest- 
ing a person with authority to per- 
form the duties of an office, 102, 106; 
a body of men selected for the per- 
formance of some specified duty or 
the execution of some special trust; a 
brokerage or allowance made to an 
agent for transacting business. 

Commissioner (State) of banking, 110; 
of forestry, 111; of insurance, 111; of 
health, 113; of fisheries, 115; of high- 
ways, 115, 173. 

Commissioner of Education, 300. 

Commissioner of Fisheries, 302. 



Commissioner of Labor. 302. 

Commissioner of Patents, 257. 

Commissioner of Pensions, 300. 

Commissioners, United States, 425. 

Commissioners of Civil Service, 304. 

Commit: to refer or intrust to a com- 
mittee, as a bill or other legislation; 
to send to prison; to put in charge of 
a jailer. 

Committee : a body of persons appointed 
to examine or manage any matter. 

Committees, enactment of laws expe- 
dited by, 91 ; power in Congress, 242; 
by whom appointed, 243; some im- 
portant ones, 243. 

Common carrier: one who undertakes 
to carry goods or persons for hire, 182. 

Common law: the unwritten law, that 
receives its binding force from im- 
memorial usage and universal cus- 
tom as expressed in the judgments of 
the courts and not from any statutes 
now extant; recognized and estab- 
lished, 341, 342. 

Common pleas, court of, in Pennsyl- 
vania, 75, 126; jurisdiction of, 126. 

Common schools, 187-211. 

Commonwealth : a term meaning the 
common "weal" or happiness, and 
properly applied to a body politic 
having a free or popular form of 
government. 

Commutation of sentence : the shorten- 
ing of a prisoner's term of confine- 
ment, or a mitigation of the severity 
of the punishment. 

Compromise : an agreement reached, by 
the parties to a dispute, through con- 
cessions made on each side. 

Compromises of the Constitution, 234; 
slave trade, 267; representation of 
States, 330; direct taxes, 332; regu- 
lation of commerce, 332; relation of 
the States, 333. 

Compulsory education, in Pennsylvania, 
201. 

Concurrent: having the same right or 
claim; dealing with the same ques- 
tions; agreeing in the same act or 
opinion. 

Concurrent powers, defined and enu- 
merated, 426. 



iiv 



INDEX AND DEFINITIONS 



Confederate debt, not to be paid, 251. 

Confirmation by the Senate : the ap- 
proval or sanction given by the Sen- 
ate in secret session after due consid- 
eration of an appointment to office 
made by the President. Thus he may 
be said to act "by and with the ad- 
vice and consent of the Senate." 

Congress (Continental), advises conven- 
tions in each colony, 212. 

Congress (of the Confederation), enacts 
the Ordinance of 1787, its chief glory, 
326; passes an Ordinance putting the 
new Constitution into effect, 439. 

Congress : the name given to the Na- 
tional Legislature consisting of two 
houses — the Senate and House of 
Representatives. It is also the name 
of so much of the continuous life of 
that body as comes within the full 
term of office of a Representative, — as 
the Sixty-first Congress, 1909-1911. 

Congress, National, 229; bicameral, 229; 
representatives in, 230; delegates to, 
230; ratio of representation in House, 
230; number of Senators in, 232; 
must meet at least once every year, 
241; long and short sessions, 241; 
extra sessions may be called by the 
President, 241; the term, "a Con- 
gress," 241; known by numbers, 241; 
regulation of adjournment of the 
houses, 242; history of number of 
special sessions, 242; members de- 
barred from certain offices, 242; privi- 
leges and disabilities of members, 242; 
contests and quorum, 243; rules and 
journals, 243; expulsions, 243; com- 
mittees, 243; mode of passing bills, 
244; powers of, 248; delegated powers 
of, 248; power to tax, 248; duties 
levied, 249; direct taxes, 249; implied 
powers of, 261 ; powers denied to, 267- 
271; powers of Congress alone, 268; 
has power to regulate interstate com- 
merce, 304; establishes and ordains 
inferior Federal Courts, 257; admits 
new States, 323; has power to estab- 
lish territorial governments, 324; as a 
city council, 365; right to prohibit 
slavery in the Territories questioned, 
432. 



Congressional Library, 306, 397. 

Congressmen-at-large, 231. 

Connecticut, claims of, 27; plan of dele- 
gates in Convention of 1787, 331; re- 
quires educational qualification of 
voters, 434; ratifies Federal Constitu- 
tion, 439. 

Conservation of forests, 367. 

Constable, of township, 47; of boroughs, 
55; in cities, 62; in Philadelphia, 65. 

Constitution: the fundamental, organic 
law or principles of government of the 
Nation or State; the law upon which 
all future laws must be based; the 
written instrument embodying such 
law, 215; every constitution a growth, 
215, 349. 

Constitution of Pennsylvania, text in ap- 
pendix, i-xxxii; development of, 212; 
number of, 214; how amendments 
may be made, 222; recent amend- 
ments, 223. 

Constitution of the United States, text in 
appendix, xxxiii-xlvii; the supreme 
law of the land, 226; a clear sketch of 
the fundamentals of good govern- 
ment, 226; how it may be amended, 
328; compromises of, 330; discussions 
concerning, 332; ratification of, 333. 

Constitutional rights, 275-283. 

Constructions of the Constitution, broad, 
263; strict, 263; powers delegated and 
implied, 262. 

Consul: a person who represents his 
country at an important foreign com- 
mercial town. His duty is to protect 
the rights, commerce, travelers, and 
seamen of his country, and to increase 
the traffic with his country. Duties, 
etc., 289, 303; consular courts, 317; 
consular service, 421. 

Consulates, 422. 

Contempt: disobedience to the rules, 
orders, or process of a court, or of the 
rules or orders of a legislative body; 
such language or behavior as would 
disturb proceedings or impair respect 
due to authority. 

Continental Congress, 212. 

Contraband of war, 429. 

Contracts, laws impairing, 221, 272. 

Controller audits all city accounts, 61. 



INDEX AND DEFINITIONS 



lv 



Convention of 1787, men present, 352. 

Conventions held for proposing amend- 
ments and for ratifying the Constitu- 
tion, 328, 438. 

Conventions of political parties, 159, 
160. 

Coolies evade the laws, 400. 

Copyrights, how secured, 256. 

Coroner, 78. 

Corporate powers of cities, 67. 

Corporations, origin and classes, 175 
how created, 175; defined, 175, 177 
power of the Legislature over, 177 
Governor approves charter, 179; limi- 
tation of, by the government, other 
facts concerning, 178, 179, 380, 390. 

Corruption of blood, defined, 319. 

Cortelyou, George B., first Secretary of 
Commerce and Labor, 441. 

Council, borough, 56; city, 59. 

Counterfeiting, how punished, 254. 

Counties in Pennsylvania, 71-81; how 
erected, seats of government, officers, 
and salaries, 71, 72. 

Counting a quorum, 385. 

County courts in Pennsylvania, 80, 126; 
judges and jurisdiction, 126, 129. 

County-township system, 43; the county 
type, 41. 

Court of Claims, 316, 397. 

Courts in Pennsylvania, 125; county, 80, 
126; superior, 132; supreme, 133; 
officers of, 131. 

Courts-martial, 261, 318. 

Courts of equity, 368. 

Courts of the United States, 227, 311; 
power of Congress to establish in- 
ferior, 257, 397. 

Crawfprd, W. H., 282. 

Credit, public, 250, 390. 

Crimes, grave and petty, 126, 127. 

Criminal courts in Pennsylvania, 126; 
relation to juvenile courts, 127; Gov- 
ernor's requisition, 99, 321. 

Criminal prosecutions, 340. 

Cruel and unusual punishments for- 
bidden, 342. 

Cuba, relation to the Nation, 324. 

Cumulative voting, 178, 373. 

Currency of the United States, 252, 391. 

Curtin, Andrew G., 195. 

Customs officers, duties of, 250. 



Dartmouth College, famous case before 
the Supreme Court, 272. 

Davis, Jefferson, 433. 

Debt, of Pennsylvania, 83; limit of, 166; 
in cities, 170; no imprisonment for, 
221; of the United States, 250; of the 
Confederacy of 1861, 251; of the Con- 
tinental Congress, 329. 

Decentralization of power, 43, 53. 

Declaration of Independence, 337, 350. 

Deed: a written instrument conveying 
real estate to a purchaser, or person 
to whom it is given; it is signed and 
sealed in the presence of one or more 
subscribing witnesses. 

Deeds, recorder of, 76. 

Defendant : the person against whom a 
suit is brought. 

De jure : by right, of right, by law; op- 
posed to de facto. 

Delaware, once a part of Pennsylvania 
by purchase, 26; included in the third 
judicial circuit, 314; not affected by 
the Emancipation Proclamation, 344; 
a banner State, 438. 

Delegated powers, 248, 262, 409. 

Delegates, rights of, in Congress, 230. 

Democracy, defined, 15, 384. 

Democratic party, strict construction a 
principle of, 263. 

Demonetization : withdrawing from use 
as money; the refusal of the Govern- 
ment to coin a certain metal into 
money; of silver, 392. 

Departments in great cities, 63. 

Departments of government, 82, 83, 227. 

Dependencies : territorial possessions be- 
longing to the Nation, but not form- 
ing an integral part of the United 
States, 325. 

Deposition: the written testimony of a 
witness, made in due form of law, and 
sworn to or affirmed before an au- 
thorized magistrate. 

Despotism : a government in which there 
is practically no law but the will of 
the ruler. 

Dewey, Admiral George, 299, 407. 

Dieffenbach, Henry L., 195. 

Directors of the poor, 79. 

Direct vote for President, 371. 

Direct tax, defined, 166. 



lvi 



INDEX AND DEFINITIONS 



Disability: lack of proper qualification 
for office; ineligibility. 

Dispensaries in South Carolina, 344. 

Distribution of powers, 426. 

District attorney, in State courts, 76; of 
Federal Courts, 316. 

District Courts of the United States, 315, 
316. 

District of Columbia, the Federal Dis- 
trict, 261, 317, 365; slavery abolished 
in, 433. 

Districts, senatorial and representative, 
85; judicial, 128, 129; Congressional, 
231. 

Division of the executive power, 308. 

Dix, John A., 433. 

Domain: the territory over which the 
State or the United States exercises 
authority; the public lands. 

Dower : that portion, usually one third, 
of a man's real estate which a 
widow is entitled to hold during her 
natural life; or that part to which a 
woman is entitled after the death of 
her husband. 

Dred Scott, decision concerning, 345, 
429, 432. 

Dual Executive, Calhoun's plan for, 415. 

Dueling disqualifies, 140. 

Dutch, founding of New York by, 398. 

Duties : taxes levied upon imported ar- 
ticles. Ad valorem, duties are pro- 
portioned to the cost of the articles 
in the country from which they are 
brought, as shown in the invoice. 
Specific duties are proportioned to the 
quantity of the goods imported. Du- 
ties cannot be levied by a State, 166; 
must be uniform, 248, 249; how col- 
lected, 250. 

Economic zoologist, 106, 116. 

Education, Commissioner of, 300. 

Education in Pennsylvania, early ideals, 
187; early efforts, 188, 189, 190, 191, 
194; establishment of normal schools, 
195; the unit of the system, 197; school 
directors, 197; property, State ap- 
propriation, expenditures, text-books, 
required studies, compulsory educa- 
tion, 193-202; high schools, 203, 204; 
training of teachers, 204, 205; cer- 



tificates, 204; institutes, 207; higher 
education, 208; supervising princi- 
pals, 209; vocational schools, 209. 

Election, districts and officers, 51; of 
U. S. Senators, 93; of Governor, 97; 
returns, 93; contested, 100; times of, 
143; officers are privileged, 144; 
counting the vote, 151 ; results of, 152; 
primary, 159, 160. 

Elector : a qualified voter; a person en- 
titled to take part in an election. A 
Presidential Elector is a person 
chosen, by vote of the people, to elect 
the President and Vice President, 
276-281. 

Electoral Commission, 284, 372. 

Electoral Count Act, 410. 

Eligibility: the state of being legally 
qualified to be elected and to hold an 
office; conditions concerning various 
offices, 72, 86, 97, etc. 

Ellsworth, Oliver, 352, 439. 

Emancipation Proclamation, 344, 432. 

Embargo : an order of the Government 
forbidding the departure of ships 
from the harbors of the United States. 

Emigration, not forbidden, 222. 

Eminent domain: the right to take 
private property for public use, not- 
withstanding the lack of the owner's 
consent; State, county, and township 
have this right, 17, 178; it is also ex- 
ercised by oil pipe-lines and railroads, 
181, 340. 

Enacting clause, of State constitution, 
217; of Federal Constitution, xxxiii. 

Engineer, the city, 63. 

England, new rulers of, in 1688, 350. 

Entering ships, 270. 

Enumeration or census every ten years, 
301. 

Equalization of taxes, 167. 

Equity : the giving to each man his due 
according to natural justice and 
right; relation to law, 368, 370. 

Evans, Rear Admiral Robley D., 408. 

Evidence: that which is legally sub- 
mitted as a means of determining the 
truth of any matter of fact under in- 
vestigation before a court. 

Ewing, Thomas, Cabinet officer, 441. 

Excessive fines forbidden, 342. 



INDEX AND DEFINITIONS 



lvii 



Excises, defined, 204; a source of Fed- 
eral revenue, 204. 

Execution : the carrying into effect the 
judgment given in a court of law. 

Executive, the Chief : an impersonal title 
of the President of the United States. 

Executive boards and commissions, 113. 

Executive Department, of the State, 97- 
117; of the United States, 274-309. 

Executors : persons named in a will who 
are to settle the estate of the deceased 
person according to the provisions of 
the will, 76. 

Expansion, relation to the Pacific, 402. 

Expenditures, National, 391. 

Exports : goods sent out of a country in 
the course of trade. No duties levied 
on, 166. 

Ex post facto laws, defined, 269; Con- 
gress must not pass, 269; refer to 
crimes only, 269. 

Expulsions, powers of each house, 90. 

Extradition, defined, 321 ; power to sur- 
render certain persons belongs only 
to the Federal Government, 321. 

Extra sessions, of the State Legislature, 
99; of Congress, 240; history of, 241. 

Factory inspector, 109, 116. 

Family, the simplest social unit, 11. 

" Father of the Constitution," James 
Madison so called, 437. 

Federal: pertaining to or belonging to 
the Union or the United States. 

Federal Courts, jurisdiction of, 311. 

Federal district attorney, 316. 

Federal Government, outline of, 226- 
227. 

Federal marshals, 316. 

Federalist, series of papers, 332, 369, 437. 

Fees : compensation for official services, 
usually fixed by custom or regulated 
by law. 

Felony : any crime of a serious nature; 
especially a crime punishable by im- 
prisonment or death. 

Feudalism : a state of society based upon 
personal relations growing out of the 
ownership of land. The term feud or 
fief signifies the land which was held 
on condition of military service. 

Filibustering: a term used to describe 



the use of obstructive and dilatory 
tactics by a minority, in order to pre- 
vent the vote on a measure to which 
they are strongly opposed; bills de- 
feated by, 244; counting a quorum, 
385. 

Fillmore, Millard, becomes President, 
285. 

Finances of the Federal Government, 
391. 

Fine : a payment of money imposed upon 
a party as a punishment for an of- 
fense; excessive, forbidden, 342. 

Fire marshal, the, 62. 

Fisheries, commissioner of, in Pennsyl- 
vania, 115. 

Fiske, John, opinion of, 352. 

Flag Day, 405. 

Florida, two sets of Electors in, 284. 

Foreign postage, rates for, 255, 256. 

Forestry, commissioner of, 115. 

Forgery : the crime of fraudulently mak- 
ing or altering any writing or signa- 
ture purporting to be made by an- 
other; the false making or material 
alteration of any record or written 
instrument for fraudulent purposes. 

Forms of government, 14. 

Fort Fisher, 408. 

Frame of government, Penn's, 33; out- 
line of, 34; that of 1701, 37. 

Franchise : a right or privilege enjoyed 
by the citizen of a country. The 
privilege of voting at elections is 
called the elective franchise, 141. 

Franchise tax: a tax assessed upon the 
value of a right or franchise granted. 
Thus a corporation may pay a fran- 
chise tax for the right, conferred by 
a city council, to operate a trolley 
line upon a certain street. 

Franklin, Benjamin, sent to England, 
38; president of State convention in 
1776, 212; in the Constitutional Con- 
vention, 352. 

Free coinage, defined, 391 ; of silver, 392; 
of gold, 392. 

Freedom, defined, IS; perfect religious, 
35; elections free and equal, 219. 

Freedom of the press, 219, 33S. 

Free School Act of 1S34, 192. 

Free speech, 33S. 



lviii 



INDEX AND DEFINITIONS 



Free trade defined, 249. 
French-Canadians, 399. 
Fugitive slaves, laws concerning, 322. 

Garfield, James A., a minority President, 
284, 286. 

General Assembly, first, 31 ; small power 
of, 34; members of, as now consti- 
tuted, 85; term of service, 86; ses- 
sions, 86; salary of members, 87; 
privileges of members, 87; organiza- 
tion of houses, 87; forms of legisla- 
tion, 89; when Acts go into effect, 94; 
adjournment, 94. 

General Staff, members of, 296. 

Georgia, 267, 438; sued by Chisholm in 
the Supreme Court, 343. 

German immigrants, 398. 

Gerrymandering, 232. 

Gibson, Judge John B., 365. 

Gladstone, a statement made by, 351. 

Glenn, A. D., deputy, 196. 

Goethals, Col. George W., 428. 

Gold certificates, 253. 

Gold coins, denominations of, 395. 

Gold, monetary value of, 395; amount 
in circulation, 392, 393. 

Government, defined, 14; knowledge of 
necessary, 11; forms of, 15; object 
of, 16; dependence of, 31; Penn's 
frame of, 33; when free, 33; local units 
of government, 38; types of local, 41; 
elemental unit of civil, in Pennsyl- 
vania, 45; decentralization of, 53; 
threefold division of powers of, 82; 
other features of State, 83; bases of 
government in Pennsylvania, 212; 
State constitutions, 214; the only 
State at first establishing a single 
House of Assembly, 215; the people 
supreme, 216; constitutions a growth, 
217; outline of Federal, 226; branches 
of National, 227; receipts and expend- 
iture of, 391. 

Governor, powers of, under the Frame 
of Government, 34; may call special 
sessions of Legislature, 86; legislative 
powers of, in Pennsylvania, 93; may 
adjourn Legislature, 94; duties of, 97; 
supreme executive power vested in, 
97; election of, 97; cannot serve two 
consecutive terms, 98; residence and 



salary, 98; powers of, 99; messages, 
99; office of, never vacant, 100; veto 
power of, 100; appoints officers, 98, 
108-115; requisition in case of fugi- 
tives, 99, 321. 

Grades of culture, 12. 

" Grandfather clause," 347; in Louis- 
iana and Alabama, 434. 

Grand jury : a jury of not less than 
twelve men, nor more than twenty- 
three, whose duty it is to inquire into 
accusations of crime and to find bills 
of indictment if just cause exist, 120, 
121. 

Grand jury in United States Courts, 339. 

Grant, U. S., did not receive third term, 
276. 

Great Britain, 409. 

Great Law, the, 35; features of, 36. 

Great seal, the, of Pennsylvania, 106; 
keeper of, 102. 

Greenbacks, facts concerning, 393, 394. 

Greenback party, demands of, 394. 

Gresham's maxim, 394. 

Guam island, government of, 324, 404. 

Guardian: one who has the custody of 
the person or property of an infant, 
a minor, or a person incapable of man- 
aging his own affairs; appointed by 
the probate or orphans' court, 370. 

Guthrie, Mayor George W., 364. 

Habeas corpus, "Have the body": a 
writ having for its object the bringing 
of a person before a judge or court, 
especially for the purpose of inquir- 
ing into the cause of the person's im- 
prisonment or detention by another, 
with a view of protecting his right to 
personal liberty, 130, 132, 134, 220; 
Congress has power to suspend, 268; 
suspension of writ by Lincoln, 268. 

Hague Peace Conference, how disputes 
may be readily settled, 416. 

Hamilton, Alexander, broad construc- 
tion of the Constitution, 263; relation 
to "The Federalist," 332; famous re- 
port on public credit, 390; other facts 
concerning, 336, 352, 369, 440, 441. 

Hancock, John, 439. 

Harrisburg, capital of State, 98; other 
facts, 133, 135. 



INDEX AND DEFINITIONS 



lix 



Harrison, Benjamin, had less votes than 
Cleveland, 372; other facts, 280, 2S4. 

Harrison, William H., dies in office, 285. 

Hawaii, facts concerning, 251, 403, 404. 

Hayes, Rutherford B., became President 
by decision of Electoral Commission, 
285, 372. 

Health, board of, 55, 62, 112, 162, 198. 

Henry, Patrick, opposes the Constitu- 
tion, 262; other facts, 262, 439. 

Hickok, Henry C, 195. 

Higbee, Elnathan E M 196. 

High schools, value of, 203; how graded, 
203; courses in, and State aid given, 
204. 

High Seas: the open sea; that part of 
the sea not within the territorial limits 
of any particular country, usually 
distant three miles or more from the 
coast line at low watermark. 

Highway : a road or way open to the use 
of the public. 

Highway commissioner of Pennsylvania, 
salary of, 115; duties of , 173. 

Homestead Act, 327. 

Homicide: the killing of one human 
being by another. It is of three kinds: 
justifiable, excusable, and felonious. 
The latter may be either manslaugh- 
ter or murder. 

Honesdale, first run of the "Stourbridge 
Lion," 185. 

Hongkong, Dewey departs from, 407. 

Houck, Henry, deputy State superin- 
tendent, 196. 

Householders, rights of, 339. 

House of Representatives : the popular 
branch of Congress, composed of Rep- 
resentatives chosen every second year 
by the people. A corresponding 
branch of a State Legislature. See 
under Representatives. 

Huguenots, immigration of, 398. 

Humphries, W. H., impeachment of, 
239. 

Idaho, Chinese laborers in, 417. 
Illiterate negro males, 339. 
Immigration, 398; restrictive legislation, 

399. 
Immunities, of members of Congress, 

241. 



Impeachment: a charge or accusation 
against a public officer for corrupt 
conduct in office, 93, 100, 138; in Leg- 
islature, 93, 100; in Congress, 238; 
other facts, 138, 139, 239, 289, 387. 

Implied powers of Congress, 261 ; Thomas 
Jefferson's construction of, 263, 409. 

Importation of slaves prohibited, 267. 

Imports: merchandise brought into a 
country. 

Import taxes, 249, 270. 

Impost: a tax laid by government on 
goods imported. 

Inauguration of President and Vice 
President, 286, 287, 418. 

Income tax : a tax levied upon income, 
profits, etc., or on the excess of these 
beyond a certain amount; used dur- 
ing war, 249; the amendment, 442. 

Incompatible, certain offices, 139. 

Indians, untaxed, not represented, 331; 
in tribal relations are not citizens, 346. 

Indian Territory, 419. 

Indictment : the formal statement of an 
offense, as drawn up by the district 
attorney, and found by the grand 
jury. An indictment to be valid 
must be indorsed ''A true bill" by 
the grand jury. It serves as a basis 
for the trial of the accused person, 
120, 121. 

Individual rights enumerated, 16. 

Individuals cannot sue States in Fed- 
eral Courts, 343. 

Industrial education, 209, 435. 

Inflation, safeguard against, 254, 393, 
394. 

Information : a written accusation, pre- 
sented under oath, by a district at- 
torney to a court having jurisdiction 
of the offense charged therein. 

Information and advice, the Governor 
may require from officers of execu- 
tive department, 99. 

Inheritance tax: a special form of in- 
come tax levied upon property ac- 
quired by inheritance or will, 168. 

Initiative : the proposing of measures by 
the popular voice. The right to in- 
troduce a new measure in legislation; 
as, the initiative in respect to revenue 
bills is in the House of Represeuta- 



Ix 



INDEX AND DEFINITIONS 



fives. In Switzerland, the right of 
petition has become the right of 
initiative in legislation, 374-377. 

Injunction: a writ or process, granted 
by a court, whereby a party is re- 
quired to do or to refrain from doing 
certain things; generally the writ pre- 
vents the action, although by no 
means confined to that use, 370, 
371. 

Insolvency : the condition of one who is 
unable to pay his debts as they fall 
due. An insolvent person is said to 
be bankrupt. 

Insolvent laws : laws by which debtors 
are exempted from arrest or im- 
prisonment for debts previously con- 
tracted, on condition of giving up all 
their property for the benefit of their 
creditors. Insolvent laws passed by 
States must not conflict with National 
bankrupt laws, 252. 

Inspectors, of election in townships, 46; 
of election, how chosen, 52; of prisons, 
80; of mines, 112. 

Institutes, 207. 

Insurance, commissioner of, in Penn- 
sylvania, 111, 115. 

Insurrection, suppression of, 74; do- 
mestic violence, 327, 417. 

Intemperance, control of sales of liquor, 
344. 

Interior, Department of the, 300. 

Interior, Secretary of, 300, 441 . 

Internal affairs, secretary of, 102, 113. 

Internal revenue : that revenue which is 
derived from taxes laid upon domes- 
tic products, such as distilled liquors, 
tobacco, oleomargarine, etc. It in- 
cludes also the fines levied for vio- 
lations of the internal revenue laws. 
Sources of, 249. 

International law: the rules regulating 
the mutual intercourse of nations. 
These are founded upon custom, 
treaties, and the dictates of reason, 
humanity, and utility. The sum of 
the rules or usages which civilized 
states have agreed shall be binding 
upon them in their dealings with one 
another. Matters relating to, under 
control of National Government, 257. 



Interstate Commerce Commission, 182, 
251, 301, 304, 390. 

Iowa, a famous battleship, 261, 408. 

Ireland, immigrants from, 398. 

Isthmian Canal Commission, 308, 324, 
428. 

Isthmian Canal Zone, 428. 

Invasion : the hostile and forcible en- 
trance of an army into a foreign 
country. 

Jackson, Andrew, did not originate 
spoils system, 414; other facts, 330, 
413, 428. 

Japan, treaty with, 415. 

Japanese cannot be naturalized (Mon- 
golians), 251. 

Jay, John, 332, 352. 

Jefferson, Thomas, elected President by 
the HoUse of Representatives, 282; 
aided by the Senate, naturalized the 
people of Louisiana by treaty, 252; 
leader of the strict constructionists, 
263; othei facts concerning, 252, 276, 
352, 384, 415, 444. 

Jeopardy of life and limb : the peril or 
danger of imprisonment, maiming, or 
death. The cruel punishments which 
dismembered the body are no longer 
inflicted. If a man has been once ac- 
quitted, he cannot be tried a second 
time for the same offense, 219, 340. 

Johnson, Andrew, impeachment of, 239, 
387; succeeds Lincoln, 285. 

Johnson, R. M., 283. 

Joint rules : rules adopted by the Senate 
and House of Representatives for 
mutual convenience in the transac- 
tion of business. 

Journal, the minutes of the proceedings 
of each branch of the Legislature, and 
of Congress, 91, 242. These records 
are very brief, and are similar to the 
minutes of any ordinary society. 
The Congressional Record, printed 
daily at the government printing- 
office while Congress is in session, is 
a verbatim report of all that takes 
place in Congress. It is printed from 
the shorthand notes of the official 
reporters. 

Judge- Advocate-General, 296. 



INDEX AND DEFINITIONS 



lxi 



Judges in Pennsylvania, 80, 129, 130, 
132. 133, 135, 136. 

Jud2C3 in United States Courts, 312, 
314, 315, 317; in Pennsylvania, 314, 
315. 

Judgment : the decision or sentence 
pronounced by the court upon any 
matter contained in the record, or in 
any case tried by the court. In civil 
cases the decision is called the judg- 
ment, and in criminal cases the sen- 
tence. The carrying out of the sen- 
tence or judgment of the court is 
known as the execution, 124. 

Judicial power in Pennsylvania, wherein 
vested, 125. 

Judicial power of the United States, 310, 
311, 312-320. 

Judicial proceedings in each State have 
faith and credit in all, 321 . 

Juries, in Pennsylvania, a justice's jury, 
46; a coroner's jury, 78; jury defined, 
119; grand jury, 120; a petit jury, 
121; drawing of jury panels, 122; se- 
lecting a jury, 123. 

Jurisdiction defined, 125; original, 125; 
appellate, concurrent, 126; of su- 
preme court of State, 133. 

Jury : a body of men, usually twelve, 
qualified and selected as the law pre- 
scribes, impaneled and sworn to try 
a matter of fact, and to render their 
true verdict according to the evidence 
legally given in the case. 

Jury, right of trial by, jealously guarded, 
118; crimes must be tried by, in Fed- 
eral Courts, 318. 

Jury commissioners, 80; the sheriff 
assists in drawing juries, 74. 

Justice : Justice and equity are the same; 
but in law the terms are differently 
applied. Human laws, though de- 
signed to secure justice, are nec- 
essarily imperfect; hence an act which 
is strictly legal may be far from 
equitable or just. Courts of equity 
are designed to redress such griev- 
ances. Justice contemplates right 
according to the established law; 
equity contemplates right according 
to the law of nature, 368, 370. 

Justice, Department of, 297. 



Justice of the peace, 46, 47, 126. 
Juvenile Court, 127. 

Kansas, strife in, 432. 

Keystone State, the, 23. 

Kidnapping : the forcii^e taking and re- 
moving of a person for evil purposes. 

King : The titles, king, emperor, czar, etc., 
are applied to the personal rulers who 
in monarchies control the government, 
appoint the principal officers of State, 
and to whom, in theory at least, these 
persons are responsible. The amount 
of power actually exercised, and the 
responsibility borne by the ruler, vary 
in different countries, and determine 
the classification of the governments 
therein exercised. 

King, Rufus, 352. 

Knowledge of government, 11. 

Knox, Henry, Secretary of War, 441. 

Labor, relation to lockouts and black- 
lists, 417. 

Lands, public, 325. 

Laws, the function of government to 
make and execute, 1 1 ; called Acts 
of Assembly in Pennsylvania, 85; 
must conform to the Constitution as 
the supreme law, 90; ex post facto, 
forbidden, 269; how made, 92, 243, 
244; common law, 341. 

Legal tender: that money or currency 
which the law authorizes a debtor to 
offer and requires a creditor to re- 
ceive, 252. 

Legislation in Pennsylvania, 89; how 
checked, 89, 90; special legislation 
forbidden, 90. 

Legislative Department, of township, 
48, 52; of borough, 56; of city, 60; of 
State, 85-96; of Nation, 229-273. 

Legislature of Pennsylvania, S5-96; du- 
ties of, 85, 89; sessions of, 86; mem- 
bers must not hold other offices, 86; 
organization, 87; range of powers, 90. 

Liberty defined, 18; and law, 359. 

Librarian, State, 109, 115; of Congress, 
256, 306. 

Lien: a legal claim; a charge upon real 
or personal property for the satis- 
faction of some debt or duty. 



lxii 



INDEX AND DEFINITIONS 



Lieutenant General, 296. 

Lieutenant Governor of Pennsylvania, 
presides over the Senate, 87; qualifi- 
cations and duties, 98; a member of 
various boards, 113, 114, 115. 

Life-saving Service, 423. 

Lincoln, Abraham, 284, 285, 290, 344, 
409, 411, 433; issues the Emancipa- 
tion Proclamation, 344; approves 
formally the Thirteenth Amendment, 
345; coins in honor of, 424. 

Lobbying : the urging of the adoption or 
passage of a bill by soliciting mem- 
bers of a legislative body; usually a 
pernicious use of influence. 

Local government in Pennsylvania, 40- 
81,363,364,365. 

Local option: the right of determining 
by popular vote within township, 
borough, city, or county, whether 
alcoholic beverages shall be sold 
within the civil division concerned. 

Location of the National capital, 440. 

Lockouts and blacklists, 417. 

Loose constructionists, 263. 

Louisiana, has code Napoleon, 341; 
wholesale naturalization in, 251; 
"grandfather clause" in, 434; other 
facts, 284, 342, 435. 

Louisiana Purchase, 252. 

Lycoming county largest, 71. 

Lynching, prompt trial prevents, 341. 

Madison, James, services in framing the 
National Constitution, 332, 352, 437; 
chosen President in 1809, 438. 

Magistrates in cities in Pennsylvania, 
64. 

Magna Charta, 221, 337, 350, 382-384. 

Mahan, Rear Admiral Alfred T., 427. 

Majority and plurality defined, 153. 

Mandamus : a writ issued by a Superior 
Court and directed to an inferior 
court, or some corporation or per- 
son exercising authority, command- 
ing the performance of some specified 
duty, 134. 

Manila, naval victory at, 407. 

Manufactures, 324. 

Marcy, William L., 402. 

Maritime War, 430. 

Marque and reprisal, 261. 



Marshal of the United States Court, a 
Federal sheriff, 316. 

Marshall, John, Chief Justice, 272, 408, 
415. 

Maryland, boundary line of, 27; adopts 
the Federal Constitution, 439. 

Mason and Dixon Line, 27, 432. 

Massachusetts, 27, 259, 336, 347, 439; 
has an educational qualification re- 
quired of voters, 347, 434. 

Mayor, chief executive officer in a city, 
59, 63, 65. 

McKean, Thomas, advocates adoption 
of the Constitution, 438. 

McKinley, William, President, 286, 404. 

Mechanics' liens, 75. 

Medical council, members of, 114. 

Memorial Day, 416, 437. 

Mercantile appraiser, duties of, 78. 

Merchant, defined, 400. 

Merit system in consular service, 421. 

Messages, the Governor's sent to the 
Legislature, 99; of the President to 
Congress, 289. 

Mexico, Chinese from borders of, 401. 

Michigan, gives divided vote, 280. 

Military Academy at West Point, 297, 
405. 

Military board of Pennsylvania, 114. 

Militia, of whom composed, 108; the 
National Guard a part of, 109; bill 
of rights makes possible, 221; sub- 
ject to the orders of the President, 
258. 

Millersville, State normal school at, 195. 

Mines, chief of department of, 112. 

Minister: a person sent to the capital 
of a foreign nation to transact diplo- 
matic business. 

Ministers, foreign, how appointed, 289; 
rank of, 302; duties of, 303; charge 
d'affaires, 303. 

Minor : a person who has not attained 
the age at which full civil rights are 
accorded. If an alien dies after de- 
claring his intention, his minor chil- 
dren and wife become citizens upon 
taking the oath required. 

Minority: The smaller number, as of a 
legislative body; — opposed to major- 
ity. State of being under age. 

Minority Presidents, 283, 284. 



INDEX AND DEFINITIONS 



lxiii 



Minority representation, 80, 373. 

Mints, where located, 252. 

Minutes : the record of the proceedings 
of some body. 

Misdemeanor : a lesser kind of crime; an 
indictable offense not amounting to 
felony. 

Mississippi, the "understanding clause," 
434. 

Missouri Compromise, 429, 432. 

Mixed, or compromise system, 42. 

Monarchy, defined, 14; not permitted 
to States, 327, 

Money, forms and substitutes, 252; 
right to coin, 252; punishment for 
counterfeiting, 254; can be drawn 
from the Treasury only by means of 
appropriation laws, 270; amount in 
the United States, 391. 

Money orders, 256. 

Monometallism, prevails, 392, 393. 

Monopoly: the exclusive possession of 
anything, as a commodity or a 
market; the sole right to buy, sell, or 
manufacture any article; growth of, 
390. 

Monroe Doctrine, 402, 404, 413, 427. 

Monroe, James, details of his celebrated 
doctrine, 413. 

Montojo, Admiral Patricio, 407. 

Montour county, smallest, 71. 

Monument at Cold Harbor, 365. 

Moral rights and duties, 18, 326, 359. 

Morris, Gouverneur, 352. 

Mortgage: a written instrument secur- 
ing the payment of a debt. Should 
be signed by husband and wife, ac- 
knowledged before a legal officer, and 
recorded, 76. 

Municipal corporations, 175. 

Municipalities, vital problems in, 68. 

Murder: the taking of human life un- 
lawfully or maliciously with intent 
to kill, 127. 

Name of Pennsylvania, how given, 30. 

Nation, defined, 13; the seed of a, 
36. 

National banks, 394; bank notes of, not 
legal tender, 253; how notes are is- 
sued and taxes paid, 394. 

National Capitol, 440. 



National Conventions, delegates and 
committees, 162, 279. 

National Guard, the, 108. 

National Museum, 308. 

Naturalization, 19, 20, 154; require- 
ments, 251 ; of Chinese expressly pro- 
hibited, 20; controlled by Congress, 
251; wholesale, 251; not essential to 
voting, 252. 

Nautical Almanac, 299. 

Naval Academy, location and course of 
study, 300. 

Naval Observatory, 299. 

Navy, Department of the, 441. 

Navy of the United States, 257, 261; 
Congress provides and maintains, 257; 
officers of, not subject to impeach- 
ment, 261; other facts concerning, 
261, 299, 300, 402. 

Negro suffrage, 346, 434. 

Nevada, admitted with only 60,000 in- 
habitants, 323. 

New England, political units in, 41. 

New Hampshire, 272, 336, 434; ratifies 
the Federal Constitution, 439. 

New Jersey, 13, 314; the Jersey plan, 
330; ratifies the Constitution, 438. 

New States, admission of, 323; Okla- 
homa, 419. 

New York, 25, 37; gives narrow majority 
for Cleveland, 284; asks for amend- 
ments, but ratifies the Federal Con- 
stitution, 284, 439. 

Nihilism: the negation of all govern- 
ment. 

Nobility, titles of, 222, 271. 

Nolle prosequi, " Will not prosecute": an 
entry denoting that the plaintiff dis- 
continues his suit, or that the prose- 
cutor will go no further with the case. 
In a criminal case it discharges the 
defendant, but does not operate as an 
acquittal. 

Nomination, methods of, 160; State and 
National Conventions, 161; nomina- 
tion papers, 163; of Presidential can- 
didates, 278; of Presidential Electors, 
279; direct, 379. 

Nonregistered voters, 149. 

Normal schools, 195, 206. 

North Carolina, did not prohibit foreign 
slave trade, 267; asks for amend- 



lxiv 



INDEX AND DEFINITIONS 



ments, being slow to ratify Constitu- 
tion, 336, 440. 

North Dakota, one populist Elector ex- 
ercises freedom of choice, 280; black- 
listing in, 417. 

Northwest Territory, 326. 

Notary public, 114, 139. 

Nullification, defined, 428; destroyed by 
President Jackson, 429. 

Oath : a solemn declaration made with 
an appeal to God for the truth of 
what is affirmed; a solemn promise to 
tell the truth, the whole truth, and 
nothing but the truth. 

Oath of office, a constitutional require- 
ment, 139, 234; of Representatives, 
234; of Senators, 238; officers take 
oath to support the Constitution, 330. 

Obligation of contracts, 272. 

Occupation tax, defined, 142. 

Officers, of election districts, 51; of 
townships, 50, 52; of county, 71; 
salaries of State, 115, 116; of the 
House, 232; of the Senate, 236; of the 
army, 296; of the navy, 300; how sup- 
plied, 297, 300. 

Oklahoma, proclamation by President 
Roosevelt on admission of, 419; 
largest town of, 420. 

Oligarchy, how developed, 385. 

Olympia, a famous battleship, 407. 

Order of succession, of State officers, 
100; to the Presidency, 285. 

Ordinance : a local law enacted by a 
borough or city council, 56. Also 
certain laws passed by Congress un- 
der the Confederation: as the Ordi- 
nance of 1787 relating to the North- 
west Territory, 326, 344, 359; one of 
the agencies in the abolition of 
slavery, 432. 

Oregon, gives one Electoral vote for 
Weaver, 280; school fund of, 320; 
famous battleship, 259. 

Organization of Government in 1789, 
352. 

Original jurisdiction, defined, 125; of the 
State courts, 132, 133; of the Federal 
Courts, 311, 314. 

Orphans' court : a court which deals with 
the proving of wills, the settling of 



the estates of persons deceased, and 
the protection of the property of 
orphans; called also the probate court, 
76, 136, 370. 

Osgood, Samuel, the first Postmaster- 
General, 441. 

Overseers of the poor. 48. 

Oyer and Terminer : a term used to desig- 
nate certain criminal courts which 
have jurisdiction in cases of murder, 
forgery, robbery, burglary and other 
grave crimes, 126. 

Panama, the canal, 427; the independ- 
ence of, recognized, 427; the Canal 
Strip, 428. 

Panel : a piece of parchment or a sched- 
ule containing the names of jurors 
summoned by the sheriff; hence, more 
generally, the whole jury, 122. 

Paper money, right to issue implied, 252; 
various kinds, 253; National bank 
notes, 253, 394. 

Pardon : an absolute release of a person 
from the punishment of a crime of 
which he has been convicted; an 
official warrant for the remission of 
a penalty. 

Pardoning power, of the Governor, 99; 
of the President, 289. 

Parliament, English, example followed, 
229; confidence of, 350. 

Party, defined, 158; how formed, 158; 
organization and campaigns, 159; 
how nominations are made, 159, 160; 
conventions of, 162; principles of, 263. 

Passport : a document issued by the 
Secretary of State and under his seal, 
informing the world that the bearer 
is a citizen of the United States and 
travels under such protection. It 
secures to bearer all the rights and 
privileges granted by treaties with the 
various countries. 

Patents, how obtained, 256. 

Patriotism, its value, 21, 358. 

Pearl Harbor, naval base at, 402. 

Peck, James H., impeachment of, 239. 

Penn, William, founder of the Common- 
wealth, 30; receives Pennsylvania 
from Charles II, 30; enacts the "Great 
Law" by the aid of the people, 35; 



INDEX AND DEFINITIONS 



lxv 



gives a practical constitution, 36; 
dies in 1718, 37; claims of heirs settled, 
38; principles of government, 361. 

Pennsylvania, importance as a State, 24; 
boundaries, 25; Mason and Dixon, 27; 
named in honor of Admiral Penn, 30; 
treaty with Indians, 31; first General 
Assembly, 31; early government of, 
33-39; system of local government, 
42; elemental unit, 45; local govern- 
ment in, 40-81; legislative depart- 
ment, 85-96; executive department, 
96-117; judicial department, 118-137; 
voting qualifications in, 141; taxes 
in, 168; early constitutions of, 214; 
present constitution, i-xxxii; rat- 
ifies the Federal Constitution, 438. 

Pension, facts concerning, 424. 

Perjury : the crime committed by a per- 
son who swears willfully, absolutely, 
and falsely to the truth of a statement 
which he knows to be false. 

Petit jury, defined, 1 21 . 

Petition, right of, 221, 338. 

Philadelphia, leading officials, 63, 64; 
public schools of, 65; sessions of su- 
perior court and supreme court in, 133, 
135; Constitutional Convention met 
in, 349. 

Philippines, 256, 296, 324. 

Pickering, John, impeachment of, 239. 

Pinckney, Charles C, 352. 

Piracy: robbery on the high seas, 257. 

Pittsburg, plan of government of, 65; 
sessions of superior and supreme 
courts held at, 133, 135. 

Plaintiff: the party that begins an ac- 
tion in the courts, — opposed to the 
defendant, 123. 

Platform: a statement of the political 
principles upon which a party pro- 
poses to stand, 159. 

Plurality, defined, 153; elects, 153. 

Pocket veto defined, 244. 

Police magistrates in cities, 67. 

Policemen, constables of the city, 62. 

Political parties, 158, 159, 160, 162, 
228. 

Poll tax, 249; defined, 269. 

Poor, care of, 48, 80. 

Population, 20, 25, 45, 308. 

Ports of entry, 270. 



Porto Rico, 256, 324. 

"Posse comitatus," defined, 47; by the 
sheriff, 74. 

Postage stamps, 396. 

Postal matter, classes of, 255; rates of 
postage, 255, 256, 298. 

Postal Savings Banks, 396. 

Postmaster-General, order of succession 
to the Presidency, 286; duties of, 
297, 298. 

Postmasters, how appointed, 289, 297; 
classes, 298; how salaries are de- 
termined, 299; number of, 299. 

Post Office Department, 297; universal 
Postal Union, 299. 

Power, a sovereign, 165; vesting the tax- 
ing, 167; military subordinate to civil, 
221; excepted, 222; scope of Federal, 
226; Congress in regard to Territories, 
324. 

Powers denied, to Congress, 267-271; to 
States, 271; to the Federal Govern- 
ment, 426; to both Federal and State 
governments, 427. 

Powers of Congress alone, 268, 290. 

Powers reserved to the people, 342. 

Powers, under the Constitution, 426; 
concurrent, 426; the three prohibi- 
tions, 427; implied and delegated, 
408. 

Preamble : the introductory clause of a 
constitution or statute, which sets 
forth the reasons and intent in the 
passage of the law. The preamble of 
the Constitution is also its enacting 
clause, since it gives the act all its 
force and effect, 217, xxxiii. 

Presentment : a written accusation set 
forth by the grand jury, upon its own 
initiative, without waiting for a bill of 
indictment laid before them by the 
district attorney, 120. 

President, represents the unity and 
power of the Nation, 227, 275; quali- 
fications, 275; how chosen, 276-283; 
party nominations for, 278; meeting 
of Presidential Electors, 2S0; when 
chosen by the Representatives. 282; 
changes in method of election sug- 
gested, 284; Electoral Count Act. 285; 
inauguration of, 286; law of succes- 
sion, 285; salary of, 287; official resi- 



Ixvi 



INDEX AND DEFINITIONS 



dence of, 236; powers and duties, 287; 
cannot pardon in cases of impeach- 
ment, 289; makes treaties and ap- 
pointments, 289; receives foreign 
ambassadors and ministers, 289; com- 
missions officers, 289; appoints dip- 
lomatic representatives, Justices of 
the Supreme Court, 289; commissions 
officers, 289; messages of, 289; veto 
power of, 290; appoints Cabinet, 289; 
powers of, 41 1 ; other facts concern- 
ing, 274, 276, 280, 282, 283, 284, 287, 
289, 294, 333, 344, 371, 414, 415. 

President pro tempore of the State sen- 
ate, appoints committees, 87, 91 . 

Presidential Electors, 276, 278, 280, 281, 
371. 

Presidential succession, law of, 285. 

Press must be free, 18, 219, 338. 

Previous question: a motion made in a 
parliamentary assembly in order to 
determine whether it is the will of the 
body to vote at once without further 
debate upon the subject under dis- 
cussion. ' ' Shall the main question be 
now put? " If decided in the affirma- 
tive, the matter must be voted upon 
as it then stands, without debate or 
new amendments. In the United 
States House of Representatives, a 
negative decision keeps the business 
before the body as if the motion had 
not been made. 

Primary : a meeting of the voters of the 
party for the purpose of nominating 
candidates for local offices or the se- 
lection of delegates to nominating 
conventions. At a primary election, 
each voter casts his vote directly for 
the person whom he desires to have 
nominated, just as he does in the reg- 
ular election, 159. 

Prison inspectors, 80. 

Privateering, 261. 

Privileges and immunities, 87, 241. 

Probate courts, 370. 

Probation Court, a name commonly ap- 
plied to the juvenile court, 127. 

Process : the entire proceedings in a legal 
action from beginning to end. The 
means taken for bringing the defend- 
ant into court to answer to the ac- 



tion; a general or generic term for ju- 
dicial writs. 

Prohibition : the forbidding by law of 
the sale of alcoholic liquors as bev- 
erages. The "Maine Law of 1851" 
prohibits the sale and manufacture of 
intoxicating liquors except for me- 
dicinal and mechanical purposes. 

Prohibitions, 267-271, 426. 

Property tax, 170. 

Proprietary : relating to a form of gov- 
ernment, in which the governor 
owned the land or held it under char- 
ter granted by the king. 

Prosecuting attorney, duties of, 365. 

Prosecutor: the person who institutes 
and carries on a criminal suit against 
another in the name of the govern- 
ment. 

Protection, defined, 249. 

Pro tempore : for the time or occasion. 

Prothonotary, duties of, 75. 

Proxy: a person appointed to act or 
vote in place of another. Stock- 
holders can vote by proxy at the 
election of directors. 

Public credit, 250; Hamilton's report on, 
390. 

Public lands, 325, 326, 327. 

Public schools, 49, 51, 61, 65, 79; his- 
tory of, in Pennsylvania, 187-211. 

Punishments, cruel and unusual, for- 
bidden, 342. 

Purchase of claims of Penn's heirs, 38. 

Pure food, laws concerning, 389. 

Qualifications of township officers, 46; 
of borough officers, 55; of city offi- 
cers, 59-68; of county officers, 72; of 
senators and representatives, 86; of 
State officers, 97, 104, 105, 109, 112, 
113; of judges, 129; of voters, 141; 
of Representatives, 231; of Senators, 
235; of President, 275; of Secretary 
of Treasury, 296; no religious test, 330. 

Quarantine : any forced stoppage of 
travel or communication on account 
of malignant contagious disease, on 
land as well as by sea. 

Quarter sessions court, 55, 75, 126. 

Quartering soldiers upon the people for- 
bidden except in war, 221, 339. 



INDEX AND DEFINITIONS 



lxvii 



Quorum: the number of persons in any 
organized body necessary to do busi- 
ness, 90, 242, 282, 385. Unless some 
other number is required by law, a 
majority of the number of members 
constitutes a quorum. 

Railroads in Pennsylvania, right of em- 
inent domain, 181; powers as common 
carriers, 182; other facts concerning, 
180-185; limitations of, 305, 380. 

Randolph, Edmund, 352, 441 . 

Ratification : the act of making valid or 
confirming. To ratify a treaty or a 
constitution is to give consent thereto 
in the prescribed manner of the Con- 
stitution, 333, 438; of the amend- 
ments, 336-346, 442. 

Ratio of Representation : the fixed num- 
ber by which the population of a 
State is divided in determining the 
number of representatives to which 
a given State is entitled in an appor- 
tionment of Representatives in Con- 
gress, 230. The term is also applica- 
ble to the apportionment of State 
representatives in General Assembly, 
although the test of equalization is 
not carried out in practice, 94. 

Rebates prohibited, 305. 

Rebellion : an organized uprising of the 
people for the overthrow of the gov- 
ernment by force. A revolution is a 
successful rebellion. Debts of Con- 
federate States must not be paid by 
the United States, 251 . 

Recall, the, defined, 377. 

Receipts and expenditures, 391. 

Reciprocity: the granting of equality 
between the citizens of two countries 
with regard to commercial privileges 
to the extent provided in a treaty 
concluded. 

Recorder of deeds, duties of, 76. 

Records of States valid, 321. 

Reed, Thomas B., decision in counting 
a quorum, 385. 

Referendum, defined, 374, 375-377. 

Register of wills, duties of, 75. 

Registration, manner of, 142, 149. 

Religious freedom, 338. 

Religious tests, none, 330, 338. 



Removal from office, 139, 238. 

Representation of minority, 73, 80, 373. 

Representatives in the General Assembly, 
85-96; qualifications, election, and 
term of office, 86; organization, 89; 
rules, journals and votes, 90; speaker 
appoints committees, 91 ; secret ses- 
sions of, 90; sole power of impeach- 
ment, 93; new apportionment, 94. 

Representatives in National House, 
chosen for two years, by the people, 
229; number of, 229; ratio of repre- 
■ sentation, 230; number for Pennsyl- 
vania, 230; qualifications of, 231; 
need not be residents of their dis- 
tricts, 231; members not "officers" 
of the United States, 231; "gerry- 
mandering," 232; filling unexpired 
terms, 232; officers of the House, 232; 
compensation of, 234; salary of the 
Speaker, 234; "Father of the House," 
and oath of office, 234; special ses- 
sion of Representatives never called, 
241 ; not to be questioned as to speech 
or debate, 241; may not hold office 
under United States during term, 241. 

Reprieves, by whom granted, 99, 289. 

Republic, defined, 15. 

Republican form of government guar- 
anteed to the States, 327. 

Republican party, 263. 

Repudiation of public debt forbidden, 
251. 

Repudiation of Confederate debt, 251 . 

Requisition, Governor's, for fugitives 
from justice, 99; defined, 321. 

Residence denned, 20; 21, 149. 

Residence of the Governor, 98. 

Resignation : the giving up of an office 
before the term of office has expired. 

Resolution, concurrent, 345. 

Revenue bills must originate in the 
House, 240, 243. 

Rhode Island, late in ratifying, 333, 
440. 

Rights, 16, 17, 18, 19, 21; declaration of 
217; various, 217-222; reserved, 223 
bill of, in first ten amendments, 337 
of individuals, 35S. 

Right of Way: the right to pass over 
the land of another to reach the high- 
way or for other purposes. It may 



lxviii" 



INDEX AND DEFINITIONS 



arise either by grant or prescription. 
Once acquired, the right remains un- 
less surrendered. If roads are ob- 
structed in any way, as by snow or 
floods, the right of passage over ad- 
joining lands remains until the ob- 
struction is removed. 

Rivers, pollution of, 366. 

Road commissioners, 48. 

Road jury, duties of, 174. 

Roads, facts regarding, 173, 174. 

Robbery : the taking of property from 
another by force, or through fear of 
injury, 127. Piracy is robbery com- 
mitted at sea, 256. 

Roosevelt, Theodore, becomes President, 
286; takes oath of office in Buffalo, 
415; other facts, 423, 427, 428. 

Root, Elihu, arbitration treaty, 415. 

Rule : that which is laid down as a 
guide for action; a governing direc- 
tion for a specific purpose; a special 
order by the judge of a court; an 
order regulating the practice of the 
courts, or an order made between 
parties to a suit; the administration 
of law or government. 

Rules of Congress, how made, 200; im- 
portance of committee on, 243. 

Rules of order, in Legislature, 90. 

Rural free delivery, 256, 395. 

Safety, department of public, 66. 

Salaries of county officers, 72. 

Salaries of Federal officers, 420. 

Salaries of officers in Pennsylvania, 115, 
116. 

Salvage : a compensation given to per- 
sons for saving property that has 
been abandoned at sea. 

Samoan Islands, how governed, 324. 

San Francisco, the great fleet at, 408. 

Schaeffer, Nathan C, State superin- 
tendent of schools, 196. 

Schedule : an appendix to a law or con- 
stitution, setting forth the manner of 
putting the same into effect. 

School directors, 51; women eligible, 51; 
elect a county or city superintendent, 
51, 61; composition of school board, 
197; annual reports by, 198. 

School superintendents, how chosen, 78; 



women may be, 79; salary of, 198; 
no school lands, 325. 

Schools, public, cost in Pennsylvania, 
199; limitation of tax rate, 51; of 
Philadelphia not under general sys- 
tem, 65; number of, 199; expendi- 
tures for, 199; value of property, 200; 
free text-books, 200; compulsory at- 
tendance, 201; high schools, 203; local 
government, 362; education of Es- 
kimos, 381. 

Scotch-Irish, where settled, 398. 

Scranton, a city of the second class, 65; 
superior court sits at, 133. 

Seaports, Congress cannot show pref- 
erence, 270. 

Searches, illegal, forbidden, 219. 

Search warrant : a paper legally issued 
to a constable, authorizing a search 
of a house, or other place, for goods 
or persons, 219, 339. 

Secession, defined, 349, 428; other facts 
concerning, 349, 433, 434. 

Secretary of Agriculture, 286, 301. 

Secretary of Commerce and Labor, 286, 
301. 

Secretary of State, first of the Cabinet in 
succession to the Presidency, 286; 
duties of, 294; keeper of the Great 
Seal, 294; head of the diplomatic and 
consular service, 294, 302. 

Secretary of the Commonwealth, duties 
of, 101; keeper of the great seal of 
the State, 102, 106; a member of the 
board of pardons, 113. 

Secretary of the Interior, 286, 300. 

Secretary of the Navy, 286, 299. 

Secretary of the Treasury, 286, 294, 295. 

Secretary of War, 286, 296. 

Security of person and home, 339. 

Securities : an evidence of debt or of 
property, as a government bond. 
This is a substitute for money, and 
shows that the holder is entitled to 
money from the government. 

Senate of Pennsylvania, 85-96; eligi- 
bility, 86; election, 86; salary of 
members, 87; confirms the Gov- 
ernor's appointments, 93; tries cases 
of impeachment, 93. 

Senate of the United States, how con- 
stituted, 234; equality of representa- 



INDEX AND DEFINITIONS 



lxix 



tion of States, 235; number of Sen- 
ators, 235; qualifications, election, 
and classes of Senators, 235; officers 
of, 236; compensation of Senators, 
238; sole power to try impeachments, 
238; members of, not civil officers, 
239; relation to revenue bills, 239; 
regular and special sessions of, 241; 
quorum, rules, journal, contests, ex- 
pulsions, 242; votes for President and 
Vice President counted in presence 
of, 281, 410; when the Vice President 
is chosen by, 283; ratification of 
treaties and confirmation of ap- 
pointments by, 289; committees in, 
389. 

Sentence, the, 124. 

Sessions, of the General Assembly, 86; 
special, 86; executive, of senate, 99; 
of Congress, 240; executive, of U. S. 
Senate, 241. 

Shanghai, boycott, 422. 

Shaw, Col. Robert G., 436. 

Sheriff, duties, 73, 74; the Federal, 316. 

Sherman Act, the, 393. 

Shire-mot, a county meeting, 349. 

Silver certificates, 253. 

Silver coinage, 392, 393, 395. 

Sine die : "Without a day." At the end 
of session, a legislature adjourns sine 
die; that is, without naming a day 
for reassembling. 

Single tax, defined, 379, 380. 

Sinking fund : a fund composed of sums 
of money set apart and invested 
usually at stated intervals, for the 
redemption of the debt of a govern- 
ment or corporation. 

Slavery, effort against, 215; claims for 
slaves, 251 ; foreign slave trade pro- 
hibited, 267; Emancipation Proclama- 
tion, 344; effect of the amendments, 
347; text of the Wilmot Proviso, 431; 
abolished in the District of Columbia, 
433. 

Smithsonian Institution, 308. 

Society, defined, 12. 

Soldiers, quartered on the people, 221, 
339. 

Sole : exclusive; only; being or acting 
without another. 

Solicitor, city, 61 ; county, 78. 



Solicitor-General, 297. 

South Carolina, did not prohibit foreign 
slave trade, 264; two sets of Electors 
in, 284; desires amendments, 336; in- 
fluence of the Pinckneys, 439; State 
dispensaries in, 344. 

Sovereign power, 71, 165. 

Speaker of the house of representatives 
in Pennsylvania, 89, 91 . 

Speaker of the National House of Rep- 
resentatives, 232; chosen by the 
House, 232; importance of, 232; re- 
lation to committees, 232; chairman 
of Committee on Rules, 232; power 
of, 386. 

Special legislation forbidden, 90. 

Speech, freedom of, 18, 338. 

Specific duties, 249. 

Spoils system, 304, 414. 

Staff, Governor's chief of, 108; general, 
of U. S. army, 258, 296. 

Standards of Value, 393. 

Standing army, 221, 258. 

State : the body politic; the nation; the 
whole body of people who are united 
under one government. One of the 
commonwealths which make up the 
Union. The term State is used in a 
technical sense in distinction from the 
government of the United States. 
Every State has the following po- 
litical features: — a republican form of 
government; a written constitution; 
the three great departments of gov- 
ernment; a legislature consisting of 
two houses; an executive called the 
governor and elected by the people; 
must conform to the United States 
Constitution; may remove high 
officials by the process of impeach- 
ment; supports a system of public 
schools; provides for the amendment 
of its State constitution; provides for 
local self-government; and recognizes 
the common law of England (Louis- 
iana excepted). 

State, a citizen of the, 18, 154, 252; the 
"Keystone," 23-30; Pennsylvania, 
boundaries of, 25; government of, 82- 
84; debt of, 83; has had four consti- 
tutions, 83; the constitution, S3; ap- 
portionment of the, S5, 93; conven- 



lxx 



INDEX AND DEFINITIONS 



tions, 160; right of eminent domain, 
179; banking laws, 180; the first con- 
stitution, 214; second and third con- 
stitutions, 215; the constitution of 
1873, 215; one of the original States, 
216; State governments as models, 
225; scope of power, 225; powers de- 
nied to, 271; admission of a new, 323; 
cannot be sued in Federal courts by 
individuals, 343. 

State banks, 179. 

State church, 338. 

State conventions, 162, 279. 

State constitutions, 212-216. 

State governments, 225, 327. 

Statehood, how secured, 327, 419, 420. 

State librarian, 109. 

State treasurer, 105. 

Statute : an Act of Congress or of a 
State Legislature, declaring, com- 
manding, or prohibiting something; a 
positive law; distinguished from 
common law, and from constitutional 
law. 

Stevens, Thaddeus, 189, 193, 194, 378. 

Stewart, John Q., 196. 

St. Gaudens, Augustus, 437. 

Stoddert, Benjamin, 441. 

Stone, Governor William A., 153. 

Street railways, 184. 

Strict construction, 263. 

Strikes, the Chicago, 327, 416, 417. 

Succession, order of, 100, 238, 286, 440. 

Suffrage, right of, 141. 

Suicides, estates of, 221. 

Suit: legal application to a court for 
justice; any legal proceeding before a 
court for the enforcement of a claim; 
a lawsuit, 314, 341. 

Sulu Islands, 324. 

Summons : a written notice, signed by 
the proper officer, warning a person 
as defendant to appear in court at a 
day specified, to answer to the plain- 
tiff, or the like. 

Superintendent, of city schools, 61; of 
county schools, 78, 79, 198; of Pub- 
lic Printing, 110; of Public Buildings 
and Grounds, 110; of State Police, 
116. 

Superintendent of Public Instruction, 
State, 103, 113, 114, 115, 206, 207. 



Superintendent of Coast Survey, 302. 
Superior court, of State, 132. 
Supervising principals, 209. 
Supervisors, duties of, 48, 53. 
Supreme court, of Pennsylvania, 133. 
Supreme Court of the United States, 

227, 312, 314. 
Surrogates' or orphans' court, 76, 136, 

370. 
Surveyor, county, 78. 
Swayne, Judge Charles, 239. 
" Sweeping clause," the, 262. 
Swedes on the Delaware, 31. 
Switzerland, referendum in, 374, 375. 

Takahira, Baron Kogoro, 415. 

Taney, Roger B., decision by, 429. 

Tariff, defined, 249; revenue-tariff de- 
fined, 249; protective, defined, 249; 
free trade defined, 249. 

Taxes, defined, 165; relation to voting, 
142; direct and indirect, 166; State, 
168; county, 169; township, 169; 
borough and city, 170; school, 171; 
how collected, 140, 167, 168, 171; 
capitation and income, 269; the 
single, 379; income tax, 442. 

Taylor, Zachary, 284, 285, 414. 

Teachers' certificates, 204. 

Teitrick, Reed B., 196. 

Telegraph lines, how controlled, 179. 

" Tenth," the "Fighting," 436. 

Territorial Courts, 317. 

Territories, 323, 324, 326, 327 

Test, religious, cannot be required, 
330. 

Texas, annexed as a State, 251; whole- 
sale naturalization in, 251. 

Tilden, Samuel J., decision regarding 
election of, 285; plurality for, 372. 

Titles : Every member of Congress is ad- 
dressed as "Honorable"; and if the 
address is written, the house to which 
the member belongs is indicated by 
the letters M. C. or U. S. S. placed 
after the name of the Representative 
or Senator respectively. 

Titles of nobility, 222, 271. 

Tonnage tax, 271. 

Towns in New England, 41 . 

Townships, elemental units, 40, 45; offi- 
cers of, 45, 46; classes of, 46; clerk of, 



INDEX AND DEFINITIONS 



lxxi 



50; duties of county commissioners 
regarding, 53. 

Training of teachers, 195, 205. 

Traverse or petit jury, 121. 

Treason denned, 318. 

Treasurer, borough, 55; city, 60; county, 
77; State, 105. 

Treasury of the United States, 253, 270. 

Treasury, Secretary of the, order of 
succession, 286; other facts concern- 
ing, 294, 296. 

Treaty: an agreement or contract be- 
tween two or more nations, for the 
purpose of regulating trade, co- 
operating effectively, fixing bound- 
aries, or restoring and preserving 
peace, 271, 289, 330. 

Trial by jury, right of, 118, 119. 

Tribe, 11; tribal relations, 346. 

Truants, 202. 

True bill, defined, 120. 

Trusts, defined, 389; regulation of, 182, 
380, 390. 

Tutuila, under a governor, 324. 

Tyler, John, 285, 402. 

Unconstitutional : not in accordance with 
the Constitution or fundamental law 
of the land. Used also in the same 
sense concerning the constitution of 
a State. 

" Understanding clause," the, 434. 

Union : a term used to designate the 
Republic, — the Nation as formed by 
a union of all the States. The con- 
tinuance of the Union is essential to 
the growth and prosperity of the Re- 
public. 

Union of Church and State forbidden, 
338. 

United States, Constitution of, 220, 226, 
328, 330, 333; a Banded-State. 226; 
outline of Government of, 227; legis- 
lative power in, 227-273; executive 
power in, 274-309; judicial power in, 
210-320; powers delegated to, 248, 
262, 409; bonds of, 250, 253; debt of, 
250; coinage in, 252, 292, 391, 395; 
relations of the States, 321; manu- 
factures in, 324; adoption of Consti- 
tution of, 333; great departments of 
the Government, 333; abolition of 



slavery in, 344; an indestructible 
Union, 348; organization of Govern- 
ment of, 352; public credit, 390; re- 
ceipts and expenditures, 391 ; amount 
of money in, 391; relation to immi- 
gration, 398; "Monroe Doctrine," 
402; increasing territorially, 402; a 
world power, 403; commissioners, 
425; Panama Canal, 427; location of 
Capital, 440. 

University of Pennsylvania, 189, 208. 

Utah, labor laws in, 417. 

Vacancies in office, 99, 100, 232, 236, 
289. 

Valparaiso, incident concerning, 408. 

Venue : the place or county where an 
action at law is begun. The twelve 
men who are to try the case must be 
of the same venue where the demand 
is made. 

Verdict, defined, 119. 

Veto: literally, "I forbid." The power 
of the chief executive to prevent the 
enactment of measures passed by 
the legislative body; the exercise of 
such power. The veto prevents a bill 
from becoming a law on its first 
passage. Power exercised by Gov- 
ernor, 92, 93, 100, 101, 102, 366; of 
bills by the President, 243, 290; a 
" pocket veto," 244. 

Vice President, is President of the Sen- 
ate, 236; may vote, when, 236; salary 
of, 287; may be impeached, 239; 
qualifications and term of office, 275, 
276; opens the sealed certificates, 
281, 410; when chosen by Senate, 283; 
succession to the Presidency, 285; 
inaugural oath of, 287; office of, 443. 

Villages, unincorporated, 55. 

Virginia, 25, 41; divided during Civil 
War, 323; plan proposed by dele- 
gates from, 331; its bill of rights, 336, 
337; cession by, 440; "ex-soldier 
clause" in, 434; ratines the Constitu- 
tion, 439. 

Viva voce: By word of mouth; orally. 
Viva voce voting is a method opposed 
to balloting, and is employed in leg- 
islative bodies, the presiding officer 
deciding the vote by sound. 



Ixxii 



INDEX AND DEFINITIONS 



Vocational schools, value of, 209, 210. 

Vote, concurrent, 344. 

Voters, qualifications of, 141; other 
facts concerning, 142, 143, 149, 151, 
252. 

Voting, manner of, 142, 143, 146, 147, 
149, 151; right must not be denied, 
141, 346, 347, 357. 

Voting machine : an invention which 
registers automatically each vote as 
cast, prevents the depositing of more 
than one ballot by any one person, 
keeps tally of the number of votes 
cast, and to a great degree prevents 
fraud and delay in counting the votes 
at the close of the election, 223. 

Wade, Jennie, at Gettysburg, 360. 

Waller, David J., Jr., State superin- 
tendent of schools, 196. 

War, Congress only, can declare, 257; 
Secretary of, 296. 

Warrant : a process issued by a magis- 
trate directing an officer to make an 
arrest, a seizure, or a search, or to do 
other acts in the administration of 
justice, 339. 

Washington City, government of, 365; 
site selected, 440. 

Washington, George, sets example re- 
garding third term, 276; president of 
Convention of 1787, 352; selects site 
of National capital, 440; words of, 
440. 

Ways and means, committee of, 387. 

Weather Bureau, 301. 

Weaver, James B., votes for, 280, 372. 

Webster, Daniel, appeals famous case, 
272; forbids occupation of Hawaii, 
404; words of concerning English 
power, 409. 

Weights and Measures, 254. 

West Point, military academy at, 297; 
cadets at, 297, 405. 

West Virginia, admission of, 323. 

White House, 287. 

Wickersham, James P., establishes the 
Millersville State normal school, 195, 
196. 

Williamsport, superior court sits at, 133. 

Will: the written instrument, legally 
executed, by which a man makes dis- 



position of his property, to take effect 
after his death. A will to be valid 
must be made by a person of sound 
mind, and must be executed and 
published in due form of law. In 
certain cases, a man may make a 
valid will by word of mouth. A per- 
son who dies without executing a 
valid will is said to die intestate. 

Wills, register of, 75. 

Wilmot, David, tomb of, 431. 

Wilson, James, 352, 438. 

Witnesses, 123, 340, 341. 

Wolf, Governor George, 194. 

Women, eligible to certain offices, 51, 79. 

Works, department of public, 66. 

Writ : an instrument in writing issued 
under seal by the proper authority, 
commanding the performance or non- 
performance of some act by the per- 
sons to whom it is directed. A writ 
of certiorari is one issued by a su- 
perior court to call up the records of 
an inferior court, or to remove a case 
to a higher court in order that the 
party complaining may have more 
sure and speedy justice, or may se- 
cure a thoroughly impartial trial. 
A writ of election is one issued by the 
Governor to the sheriff, authorizing 
him to give notice to the voters of a 
certain district. A writ of error is one 
issued from a higher court to a lower 
court to examine the record of a case, 
in order that some alleged error in 
the proceedings or judgment of the 
court may be corrected. See also 
Execution, Habeas corpus, Injunction, 
Mandamus, Summons, and the like. 

Wyoming, educational qualification re- 
quired of voters in, 347, 434; rights of 
labor in, 417. 

Yeas and Nays : a method of voting in 
which the clerk calls the roll, and 
records each man's vote after the 
name; as "yea," "nay," and in cer- 
tain cases, "absent" or "not voting." 
The entering of the yeas and nays 
upon the Journal "puts a man on the 
record," and the public may know 
how the representatives voted on such 



INDEX AND DEFINITIONS 



lxxiii 



questions. When a vetoed bill is put 
upon its passage, the Constitution 
expressly requires that the vote be 
taken by yeas and nays. The House 
of Representatives votes by ballot 



when it elects the President. The 
Senate rules recognize no vote except 
by yeas and nays, 242. 

Yorktown, the, at Valparaiso, 408. 



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